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Terms and Conditions

General Terms and Conditions of Membership

Last updated 09/07/2007

If you use the YoungPoll website (the "Website") and/or participate in any YoungPoll surveys or other activities, you agree to be bound by these terms and conditions. By ticking the "I agree" box in the registration form you confirm your agreement to these terms and conditions.

1. Definitions
1.1 In these terms and conditions, "we" and "us" means YoungPoll, which is a trading name of 72 Point Limited (Company No. 4092908) whose registered office is at The Media Centre, Abbeywood Business Park, Emma-Chris Way, Filton, Bristol BS34 7JU.
2. Registering with YoungPoll
2.1 To become a registered member of YoungPoll and to participate in YoungPoll's surveys and other research activities (each a "Survey"), you must create a YoungPoll user account (an "Account") by completing the online registration form on the Website. Accounts are non-transferable, and only one Account may be held per person.
2.1.1 If you have joined YoungPoll as a result of an introduction from WAYN, subject to your acceptance, your demographic details including without limitation, BUT as specified to you by WAYN; your name, email address and nationality will be transferred automatically from WAYN to YoungPoll. Your WAYN login details will NOT be submitted to YoungPoll at any stage and you will be provided with a unique YoungPoll username and password for future use.
2.1.2 If you have been introduced to YoungPoll by WAYN but have selected to enter WAYN surveys only and not to join YoungPoll as a FULL member, subject to your acceptance, your demographic details including without limitation, BUT as specified to you by WAYN; your name, email address and nationality will be transferred automatically from WAYN to YoungPoll. Your WAYN login details will not be submitted to YoungPoll at any stage and you will be provided with a unique YoungPoll username and password for future use. However your details will be held SOLELY and EXCLUSIVELY for the purposes of enabling you to participate in WAYN surveys in accordance with point 7.3.1 below and you will not be contacted in any way by YoungPoll unless you 'opt in' to become a FULL YoungPoll member at a later stage.
2.2 The YoungPoll registration form requires you to enter personal details, including without limitation your name, email address and telephone number. By entering your personal details, you warrant that the information you provide to us is accurate, current and complete at the time of registering and you agree that you will update your information if any changes occur and you confirm that you agree to our privacy policy which can be found below.
2.3 The email address you provide must be personal to you and must not be shared with third parties.
2.4 YoungPoll may require proof of identity in the event of a dispute. If you are aged 16 or under, YoungPoll may email you to request written confirmation from your parent or legal guardian of their consent to your use of the Website. If such confirmation is not provided in a form satisfactory to YoungPoll your Account may be terminated. Members under the age of 18 may not eligible for entry into some Surveys.
3. Security
3.1 Upon registering with YoungPoll, you will select a password which must be used in order to access your Account. You may not disclose your password to any third party nor permit any other individual to access your Account without the express permission of YoungPoll. You agree that you shall immediately inform YoungPoll of any actual or suspected unauthorised use of your Account or any other breach of security of which you become aware.
3.2 You are responsible for any information posted on the Website or provided to YoungPoll by anyone using your password. In the event that any other individual accesses your Account, YoungPoll shall be entitled to retain or reclaim any Credit or prize earned as a result of such access by the unauthorised user.
3.3 You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.
4. Member Credits and Incentives
4.1 When you complete a YoungPoll Survey in full, you will be entitled to receive such incentive (if any) as is stated on the Website in connection with the relevant Survey. Incentives may be in the form of a monetary credit (a "Credit"), entry into a prize draw, or both. There is no obligation on YoungPoll to provide any incentive in relation to any Survey.
4.1.2 WAYN surveys will only ever offer incentives in the form of entry into prize draws.
4.2 Any Credit earned by you will be recorded on your Account. No Credit may be redeemed until the total level of Credit accrued on your Account reaches the current minimum redemption level as set out on the Website (as such level may be varied from time to time by notice to you on the Website) (the "Fulfilment Level").
4.3 Within a reasonable time of reaching the Fulfilment Level, YoungPoll will issue a cheque for the appropriate amount of Credit, addressed and posted to the current contact name and address provided by you. YoungPoll will not be liable for the inability of any member to redeem a Credit cheque that results from inaccuracies in personal data provided by that member upon registering and by subsequent updates.
4.4 No Credit or other incentive will be awarded until you have fulfilled the full participation requirements of the relevant Survey, as notified to you upon entering the relevant Survey. Where non-monetary incentives are offered, no cash alternative is available.
5. Prize Draws
YoungPoll may enter you into a prize draw as part or full incentive for your participation in a YoungPoll Survey. Terms and conditions applicable to incentives and prize draws are set out below. Any prize draw entered into will be subject to Survey specific terms and conditions (stating, for example, closing date for entry), in addition to these terms and conditions, which shall be displayed on the Website at the point of participation.
6. Website Access and Content
6.1 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
6.2 The information provided by us on the Website or contained in our Surveys is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice.
6.3 We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
6.4 We assume no responsibility for the contents of any other websites to which the Website has links or websites of advertisers advertising on the Website or which are the subject of our Surveys.
7. Intellectual Property
7.1 The copyright in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to YoungPoll, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without One Poll's written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
7.2 YoungPoll is a trademark of 72 Point Limited. Other product and company names mentioned on this Website may be the trademarks or registered trademarks of their respective owners.
7.3 You shall retain ownership of all copyright in data you submit to the Website. Subject to the terms of our privacy policy, you grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
7.3.1 Data held by YoungPoll for members of WAYN who have selected to enter WAYN surveys only will, subject to the terms of our privacy policy ONLY be used by YoungPoll for the following purposes:
7.3.1.1 To enable these individuals to login to the site to view live WAYN surveys.
7.3.1.2 To enable these individuals to be able to participate in WAYN surveys.
7.3.1.3 To enable these individuals to be identified and contacted in the event of winning a prize draw. In this event (and as per point 24 of the Terms and Conditions for Incentives including Member Credits and Prize Draws) - details of the winner (name and location) will be published on the YoungPoll Website. The winner agrees to participate in publicity if required.
7.3.1.4 As per point 1.3 of the Terms and Conditions for Incentives including Member Credits and Prize Draws - information you provide us with when participating in Surveys may be analysed and the results of such analysis may be passed to our clients. Any information passed to our clients will be on an anonymous basis and will contain no personal data for the purposes of the Data Protection Act 1998. We do not sell, trade, rent or otherwise pass your personal information to clients or other third parties, or transfer your information outside the European Economic Area without your consent.
8. Exclusions of liability
8.1 We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them, but we do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website.
8.2 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Website save where such liability cannot be excluded by law.
8.3 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
9. Data submitted by users
9.1 We accept no liability for data supplied by any user for display on the Website and the limitations in condition 8 above (Exclusions of liability) apply. If you submit any comments on any Survey or the Website or our services we are entitled to publish those comments on the Website and to identify you by name and location in relation to those comments.
9.2 If you submit data for display on the Website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary. You are also responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
9.3 You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
9.4 You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition 9.
10. Termination
10.1 YoungPoll reserves the right to terminate your Account in the event that you do not participate in any YoungPoll activity for a period of 6 months or more or you in anyway fail to comply with these terms and conditions or misuse the Website or if there is any unauthorised use of your Account. YoungPoll will contact you using the current contact details provided in the event that your account is at risk of termination pursuant to this clause. In the event of termination for whatsoever reason, YoungPoll shall not be liable to pay any Credit remaining on your account under the current Fulfilment Level.
10.2 If you wish to terminate your account with YoungPoll please send an email to [info@onepoll.com]. You may continue to receive emails from YoungPoll for a short period of time following termination although YoungPoll will take reasonable steps to ensure these are discontinued. YoungPoll shall bear no liability to you in respect of any loss or damage that you may suffer as a result of the termination of your Account.
10.3 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
11. General
11.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
11.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website and your continued use of the Website or participation in surveys after such date constitutes your agreement to be bound by such modifications.
12. Governing law
12.1 These terms and conditions shall be governed by and construed in accordance with English law, and any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.

Terms and Conditions for Incentives including Member Credits and Prize Draws

Eligibility
1. Any Survey is open to individuals who are registered with YoungPoll, subject to any restrictions in relation to any particular Survey as notified to you on the Website and you agree to comply with any such restrictions. Employees of 72 Point Limited or SWNS or any affiliate, parent or subsidiary companies are not permitted to enter.
2. YoungPoll reserves the right to reject as invalid any entry which it reasonably believes not to be bona fide or in compliance with these terms and conditions. In relation to Prize Draws notwithstanding that the winner has been declared, if YoungPoll discovers that for any reason the winner should have been ineligible to enter, YoungPoll reserves the right to determine that the winner is disqualified.
Mode of entry and closing date
1. The closing date for entry is as notified to you on the Website and entries received after this date will not be considered. YoungPoll reserves the right to extend the entry period by putting notification of any revised date on the YoungPoll Website.
2. Entry to any Survey must be made by completing the appropriate Survey in full. Entries should be submitted to YoungPoll via the YoungPoll Website.
3. No purchase necessary.
4. Entries are restricted to one per person, and entries on behalf of a third party are not acceptable (save in the event of assistance to you in relation to a disability).
5. Any entry which is illegible, incomplete, or which is not submitted in the manner set out in these rules may be deemed invalid at the sole discretion of YoungPoll and may be rejected.
6. Where a Credit is awarded it will be shown in your Account and you will not be separately notified. Any monetary prizes or Credits will always be paid in pounds Sterling.
Prize Draws
1. The prize for any Prize Draw is as stated on the Website and is non-transferable. YoungPoll will not be responsible for any costs incidental to the winner using the prize, other than the postal costs of delivery of the prize. If the winner does not wish to use the prize, he/she should notify YoungPoll and YoungPoll may at its discretion offer the prize to a runner-up to be drawn at random in accordance with these terms. YoungPoll may substitute the prize for one of equal or greater value.
2. YoungPoll cannot be held responsible for any loss or delay or other damage suffered by the winner or any third party as a result of winning the prize, except where such loss is a direct result of the negligence of YoungPoll.
3. The winner will be drawn at random from all entries and will be the first entry drawn. The draw will be randomly computer generated and witnessed by an independent adjudicator.
4. The winner will be notified by telephone or email to the current contact details provided within [7] days of the closing date. If the winner cannot be contacted using the current contact details within [14] days, YoungPoll may at its discretion dispose of the prize as it sees fit without any liability to the winner. The winner may be required to provide YoungPoll with proof that it is the registered YoungPoll account holder.
5. The prize will be posted to a winner within [5] working days of the winner receiving and confirming notification of their win. YoungPoll has no liability in respect of loss of or damage to any prize or failure of delivery arising of out matters outside its control including any failure in the postal system.
5.1 Where postal address details are not held by YoungPoll, the winner will be required to confirm the relevant postal address upon acceptance of notification of their win.
6. Details of the winner (name and location) will be published on the Website. The winner agrees to participate in publicity if required.
7. The decision of YoungPoll is final and binding in all matters and no correspondence will be entered into.
8. All incentive Surveys on the Website are run by 72 Point Limited (trading as YoungPoll).
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