Terms of service

Terms of use for www.proved.co

Last Updated: October 13th, 2015

By clicking “I agree” or any other button indicating your acceptance of this Agreement you hereby agree to, and are bound by, this Agreement.

If you have any questions/comments please send us an email: team@proved.co.

 

Overview

These Terms of Use constitute the entire agreement (the "Agreement") between you ("you" or "Customer") and Bojole (UK) Ltd, with offices located Highbridge Oxford Road, Uxbridge, UK, UB8 1HR ("Bojole UK") for the use of the Service (“Proved.co test”) accessible on its website www.proved.co or any of its local sub-websites ("Website"). The Service is provided to you in accordance with this Agreement and any other applicable rules and policies set forth on the Website.

We may make changes to the materials and services offered on this Website any time. We can change the terms of this Agreement at any time, requiring you to check back on this document from time to time. If any modification is unacceptable to you, you shall cease using this Website and the Service and be able to terminate your registration (if any). If you do not cease using this Website and the Service, you will be conclusively deemed to have accepted the change.

 

The Service

The Service allows you to create customised tests of your content, and obtain results of the tests from members of an access panel.

You, and not Bojole (UK) Ltd, are responsible for the quality, legibility and relevance of your content. Furthermore, your content shall comply with the rules as described in section Customer Content of this Agreement.

Once your test has been configured and purchased, you will not be able to make any further modification nor cancel it.

The results of your proved.co test will be accessible directly on the Website. Proved.co results are stored on the Website and will remain accessible until you remove your account.

Bojole (UK) Ltd reserves the right to reject or remove any proved.co test at any time, where it has reasonable ground to believe that the content of a proved.co test does not comply with the terms of this Agreement or any applicable legislation or regulation.

 

Registration

If you have registered for an account to use the Service, you hereby warrant that the information provided by you for the purpose of such registration is accurate and complete. You shall ensure that such information is kept up-to-date. Upon registering an account, you will receive a password and an account designation. You acknowledge and agree that you, and not Bojole (UK) Ltd, are responsible for your account and all activities in connection with the use of the account, whether or not you authorize such activities.

We reserve the right to suspend or terminate your account or future use of the Service at any time, where it has reasonable ground to believe that your use of the Service does not comply with the terms of this Agreement or any applicable legislation or regulation, or that your identification data are not true or accurate or are being pirated.

 

Payment

If you purchase a paid service, you shall, unless otherwise specified, pay all fees to Bojole (UK) Ltd, including VAT and any other applicable taxes. The price of the Service shall be the fee quoted on this Website. All fees quoted include VAT, sales tax and/or any other required taxes or duties where applicable. Bojole (UK) Ltd may change the fees at any time and in its sole discretion.

The Service must be purchased before the proved.co test is delivered. When you pay for your proved.co test by credit card, you hereby warrant that the credit card information provided is correct, and you shall promptly notify us of any changes to such credit card information. You acknowledge and agree that if your credit card payment cannot be processed for any reason, Bojole (UK) Ltd may suspend or cancel any pending tests.

Free Trial

This offer (Free Trial Test), which is made for you by Bojole (UK), entitles you access to one Free Trial Test only. You acknowledge and agree that if you launch another test with our Free Trial offer, Bojole (UK) Ltd will reject it.

You may only use this Free Trial once. You acknowledge and agree that in case you launch multiple tests with this offer, Bojole (UK) reserves the right to suspend or terminate your account or future use of the Service.

Bojole (UK) reserves the right, in its absolute discretion, to withdraw or to modify this Free Trial Offer terms and conditions at any time without prior notice and with no liability.

 Proved.co materials

Certain content and information provided on this Website, including technology as well as documents, graphics and images that are not Customer Content (“Proved.co Materials”) are provided to you by Bojole (UK) Ltd and are the work of Bojole (UK) Ltd or our contributors. We grant you a limited, personal, non-exclusive and non-transferable right to use and to display the Proved.co Materials solely for your personal use in connection with the Website and the Service.

You have no right to modify, edit, copy, reproduce, create derivative works, reverse engineer, decompile, alter, enhance or in any way exploit any of the Proved.co Materials in any manner.

 

Customer and Respondents content

You acknowledge and agree that:

(i)           All texts, images, messages, posts, information, data, responses or other materials communicated, submitted or transmitted by you through the Service (collectively, “Customer Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Customer Content originated.

(ii)          You, and not Bojole (UK) Ltd, are responsible for all Customer Content that you upload, post, email, distribute, communicate, transmit or otherwise make available using the Service.

(iii)        By using the Website and the Service, you may be exposed to Respondents Content (content uploaded by the respondents) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libellous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable

(iv)        Bojole (UK) Ltd does not control the Content originated by respondents to Customer’s proved.co tests, and doesn’t guarantee the accuracy, integrity or quality of such Content.

(v)          Bojole (UK) Ltd does not control the Content originated by Customer. Bojole (UK) Ltd may, but is not obligated to, review all Customer Content and block, modify, terminate access to, or remove any such Customer Content that we, in our sole discretion, consider to be non-compliant with any of the requirements of this Agreement.

(vi)        You grant to Bojole (UK) Ltd an irrevocable, non-exclusive, royalty-free and worldwide license to host the Customer Content solely for all reasonable and necessary purposes contemplated by this Agreement.

(vii)       Bojole (UK) Ltd shall not be liable for any purging, deletion or failure to retain any Customer Content.

(viii)      If a Customer doesn’t comply with any provision of this Agreement, Bojole (UK) Ltd may suspend or disable Customer’s account and access to the Website and the Service, as well as recover from Customer any losses, damages, costs or expenses resulting from or arising out of such non-compliance.

 

Customer Conduct

a)    In connection with Customer’s use of the Website and the Service, Customer shall comply with

(i)   this Agreement, including all policies as published on the Website;

(ii)  all local and international laws applicable to Customer, including all laws related to unsolicited commercial emails, defamation, privacy, obscenity, intellectual property, data protection, and child protective email address registries;

(iii) all other rules or regulations applicable to Customer;

(iv) all privacy policies or similar policies or procedures to which Customer may be bound that are related to Customer’s use of the Service.

 

b)   In connection with Customer’s use of the Website and the Service, Customer hereby agrees not to upload, post, email, distribute, communicate, transmit or otherwise make available any Customer Content

(i)           that is unlawful, harmful, abusive, harassing, threatening, indecent, obscene, racially, ethnically or otherwise objectionable, hateful, tortuous, libelous, defamatory, offensive, vulgar, invasive of another’s privacy;

(ii)          that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any third party;

(iii)         that Customer doesn’t have the right to make available by reason of any law or contractual or fiduciary relationship (including inside information, and proprietary or confidential information obtained or disclosed in connection with employment relationship or pursuant to a confidentiality agreement);

(iv)         that comprises or includes any “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any similar form of solicitation.

 

c)    Customer shall not request, collect, store and/or disclose personally identifiable data from test respondents or shall in any way violate any applicable privacy law.

d)   Customer shall not use the Website or the Service to send Customer materials to individuals under the age of majority in his or her place of residence (“minors”) unless Customer is permitted to do so under all applicable laws, or to harm minors in any way, and shall not send Customer materials to minors that would subject Bojole (UK) Ltd to any local or international law, rule or regulation governing children’s privacy, rights of personality or otherwise related to protecting minors.

e)    Customer shall not upload, post, email, distribute, communicate, transmit, or otherwise make available any viruses or similar malicious software that may damage the operation of a computer or the Service.

f)     Customer shall not access and/or use the Website and/or the Service in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Service or any networks or security systems of Bojole (UK) Ltd.

You acknowledge and agree that any violation of any of the foregoing will constitute a material breach of this Agreement. In such event, Bojole (UK) Ltd may, in addition to any and all applicable legal and equitable remedies against you, (i) disable your account and your access to the Website and the Service; and (ii) recover from you any losses damages, costs or expenses incurred by Bojole (UK) Ltd resulting from or arising out of your non-compliance.

You acknowledge and agree that Bojole (UK) Ltd may cooperate with any governmental authority in connection with any investigation into your use of proved.co, including use in contravention of applicable laws, and may, in accordance with applicable laws, disclose any Customer Content, and any other information pertaining to you or to your use of proved.co, to such governmental authority in connection with any such investigation.

 

Customer further acknowledges and agrees that

a)    Bojole (UK) Ltd does not control the Customer Content and makes no representation or warranty regarding its accuracy, integrity or quality.

b)   Customer shall not use or present the proved.co test results in a misleading or illegal manner, or in any manner which would adversely impact upon the reputation or goodwill of proved.co or Bojole (UK) Ltd, and we reserve the right to publish a correction in the event of such use or presentation.

c)    Proved.co test results cannot be used in connection with any dispute resolution, litigation, arbitration or other legal proceeding of any nature ("Litigation Purposes").
Customer must ensure that whenever the test findings are communicated to clients, investors, customers, employees, respondents or otherwise published, proved.co is credited as "test conducted using proved.co".

d)   Customer shall not modify, edit, copy, reproduce, create derivative works of, enhance, reverse engineer, decompile, alter, duplicate or otherwise attempt to decipher any code in connection with the Service or any other aspect of proved.co technology.

e)    Customer shall not assign, transfer resell, distribute or otherwise use the Service except as agreed herein.

 

Intellectual Property Rights

As between Customer and Bojole (UK) Ltd, Customer shall own all right, title and interest in and to any Customer Content. During the term of your use, you grant to Bojole (UK) Ltd a limited, non-exclusive, royalty-free license to host the Customer Content solely for all reasonable and necessary purposes contemplated by this Agreement.

This Agreement does not transfer or convey to Bojole (UK) Ltd or any third party any right, title or interest in or to the Customer Content or any associated intellectual property rights, but only a limited right of use revocable in accordance with this Agreement.

Bojole (UK) Ltd, its affiliates and/or their licensors shall remain the sole and exclusive owners of all intellectual property rights, including without limitation all patents, trademarks, service marks, copyright, database, software, and know how in and to the Website and the Service and any content therein (the "Proved.co Materials"). You will not acquire any right, title, or interest in or to the Proved.co Materials except as expressly set forth in this Agreement.

Bojole (UK) Ltd grants you a personal, non-exclusive, non-transferable and revocable right to use the Proved.co Materials for the sole purpose of using the Service in accordance with the terms of this Agreement.

Customer further acknowledges and agrees that Proved.co Materials and other content made available to Customer through the Service may be subject to the intellectual property rights of third parties.

 

Termination

This Agreement shall automatically become effective upon your first use of the Service and shall continue until it is terminated in accordance with this Agreement.

You may terminate this Agreement by emailing us at team@proved.co, and the Agreement will terminate immediately after Bojole (UK) Ltd has received the notice.

You may terminate this Agreement by written notice in the event Bojole (UK) Ltd materially breaches any of its obligations hereunder, and said breach is not cured within sixty days of Bojole (UK) Ltd’s receipt of your notice of such breach.

Bojole (UK) Ltd may terminate this Agreement hereunder immediately by notice to you in the event that you breach any of your representations, warranties, covenants or obligations under this Agreement or contravene any applicable law.

Upon any termination of the Agreement, your rights to use the Service shall cease immediately, your account will be deactivated and Bojole (UK) Ltd shall have no obligation to retain, forward or make available to you any proved.co test responses or results. Upon a termination, all rights and duties of the parties toward each other shall cease except those intended to survive such termination.

Indemnity by Customer

Customer shall, at its sole expense, indemnify, defend and hold Bojole (UK) Ltd, its affiliates and their respective officers, directors, employees and agents harmless from and against any loss, cost, damages, liability or expense arising out of or relating to: (i) Customer's use of the Service, including its reliance on any information or materials (including test results or responses) obtained through the use of the Service; any other use of the Service by a third party using Customer’s account (whether or not authorized by Customer); (iii) Customer's breach of this Agreement; (iii) Customer’s contravention of any law applicable to Customer.

 

DISCLAIMER OF WARRANTIES

Bojole (UK) Ltd reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Service or any part thereof, or Customer's access thereto, and to modify, suspend or delete the Website or any part thereof, and Bojole (UK) Ltd will use commercially reasonable efforts to provide reasonable advance notice of changes that significantly impact the Service in a negative manner. In the case of changes that significantly impact the Service in a negative manner, Customer is entitled to cancel his/her account, if any. Customer acknowledges and agrees that Bojole (UK) Ltd shall not be liable to Customer, or to any third party, for any modification, suspension or discontinuance of the Service or any modification, suspension or deletion of the Website.

If Customer engages in excessive usage of the Website or the Service Bojole (UK) Ltd may take such action as it considers necessary to prevent such excessive usage and to restore the availability of the Website and the Service to other users, including by limiting or suspending Customer's access to the Website and the Service, or by cancelling Customer’s account and terminating this Agreement.

TO THE FULL EXTENT PERMITTED BY LAW, BOJOLE (UK) LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, AVAILABILITY, TIMELINESS, QUALITY, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU AGREE AND ACKNOWLEDGE THAT THE WEBSITE AND THE SERVICE ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," AND "WITH ALL FAULTS". OTHER THAN AS SPECIFICALLY SET FORTH HEREIN BOJOLE (UK) LTD MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES BOJOLE (UK) LTD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT YOU, AND NOT BOJOLE (UK) LTD, ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULLNESS OF ANY INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICE.

CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE SOLE RISK OF CUSTOMER AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM BOJOLE (UK) LTD OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

LIMITATION ON LIABILITY

IN NO EVENT SHALL BOJOLE (UK) LTD, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF USE OR DATA, OR COSTS OF COVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF BOJOLE (UK) LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ARISING OUT OF:

(a) THE USE OR PERFORMANCE OF, THE DELAY IN PROVIDING, THE FAILURE TO PROVIDE, OR THE INABILITY TO USE, THE WEBSITE OR THE SERVICE, OR

(b) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES CONTAINED IN OR AVAILABLE THROUGH THE WEBSITE OR THE SERVICE, INCLUDING INFORMATION, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE BY OTHER USERS OF THE WEBSITE OR THE SERVICE.

USER SPECIFICALLY AGREES THAT BOJOLE (UK) LTD, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS AND AGENTS SHALL NOT BE LIABLE FOR:

(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR THE SERVICE OR IN RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICE,

(d) ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF A THIRD PARTY'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OR

(e) ANY CONTENT SENT USING, OR INCLUDED IN, THE WEBSITE OR THE SERVICE BY ANY THIRD PARTY.

IF CUSTOMER IS DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE SERVICE, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE WEBSITE AND THE SERVICE.

IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING EXCLUSIONS OF LIABILITY, BOJOLE (UK) LTD, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS IS LIABLE TO USER FOR ANY AMOUNTS UNDER THIS AGREEMENT UNDER ANY THEORY OF RECOVERY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, BOJOLE (UK) LTD’S (OR SUCH AFFILIATES', DIRECTOR'S, OFFICER'S, EMPLOYEE'S, SERVANT'S OR AGENT'S, AS APPLICABLE) TOTAL LIABILITY IN RESPECT OF SUCH AMOUNTS IS LIMITED TO £50 (FIFTY POUND STERLING) OR THE AMOUNT OF FEES PAID TO BOJOLE (UK) LTD BY CUSTOMER HEREUNDER, WHICHEVER IS LESS.

NO ACTION ARISING OUT OF THIS AGREEMENT (OTHER THAN AN ACTION BY BOJOLE (UK) LTD FOR THE RECOVERY OF FEES OWED) MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION FIRST AROSE.

 

Privacy Policy

We agree not to publicly disclose your identity, your personal data or your use of the Service without your prior consent (electronic email or ticking of a box accepted), except to its affiliates and technical partners for the sole needs of furnishing the Service. Bojole (UK) Ltd shall, however, be permitted to display your corporate logo in its marketing materials. Unless expressly authorized by them, you will not be able to identify the persons who answered to your proved.co test and agree to respect their anonymity.

Refer to our Privacy Policy for more information on privacy.

 

General

Bojole (UK) Ltd may provide references, frames or hyperlinks to internet websites maintained by third parties. We do not warrant that we have reviewed such third party websites and make no claims, representations or warranties regarding such third party websites or the contents of the same. We are not responsible for, nor do we endorse or recommend, any products or services provided by such third parties through such third party websites or by any other means.

You acknowledge and agree that you, and not Bojole (UK) Ltd, is responsible for determining which laws may apply to Customer's use of the Website and the Service and assessing Customer's obligations under such laws.

All notices and other communications required or permitted to be given by Bojole (UK) Ltd to Customer under this Agreement will be deemed to be properly given on the date when:

(a) posted on the Site,

(b) sent by email to the email address for Customer last recorded on the Website, or

You may give notices to Bojole (UK) Ltd under this Agreement by email to team@proved.co.

This Agreement comprises the entire agreement between Bojole (UK) Ltd and the Customer relating to the Website and the Service. Both Customer and Bojole (UK) Ltd confirm that they have not relied upon, and shall have no remedy in respect of, any agreement, warranty, statement, representation, understanding or undertaking made by any party (whether or not a party to this Agreement) unless that agreement, warranty, statement, representation, understanding or undertaking is expressly set out in this Agreement.

This Agreement shall be governed by the laws of England. Bojole (UK) Ltd and the Customer agree to submit to the exclusive jurisdiction of the courts of the city of London, UK in relation to any claim arising under or in connection with this Agreement which cannot be solved through a mutually agreed conciliation procedure.

Bojole (UK) Ltd may assign this Agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization in which Bojole (UK) Ltd participates or to the purchaser of all or substantially all of Bojole (UK)'s assets to which this Website relates.

The failure by either party to enforce any right or provision of this Agreement shall not constitute a waiver of that provision or of any other provision of this Agreement.

If any provision of this Agreement shall be determined to be invalid or unenforceable by a court, such provision shall be deemed severable and the remainder of this Agreement shall remain in full force and effect.

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