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Terms and Conditions of Use

Last updated: 1 February 2023 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE 

  1. What's in these terms? 

    These terms and conditions (“terms”):  

    • tell you the rules for using our website (www.wavemakerseveryvoice.co.uk) and how you may take part in, and contribute to, ‘Wavemaker’s Every Voice’ an online research community (“Online Research Community”) (together our site); and  
    • set out the permitted uses and prohibited uses of our site, the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way. 
     
  2. Who we are and how to contact us  

    Our site is owned and operated by Wavemaker Limited (“we”, “us” or “our”). We are registered in England and Wales under company number 4078547 and have our registered office at Sea Containers, 18 Upper Ground, London, SE1 9ET. Our VAT number is GB512542186.  

    To contact us, please email wavemakerseveryvoice@wmglobal.com.  

    Aspects of our site that are made available to you are the responsibility of and are administered by STRAT7 Researchbods, a division of STRAT7 Limited, a company incorporated and registered in England and Wales under company number 07642707 and has a registered office at 11 Soho Street, London, W1D 3AD (“ResearchBods”). ResearchBods may impose conditions in respect of these aspects of our site which shall apply in addition to these terms, save that these terms shall have precedence in the event of any conflict. 

  3. How we may contact you

    If we have to contact you, we will do so by writing to you via the functionality of our site. When we use the words "writing" or "written" in these terms, this includes communication via our site and emails. 

  4. By using our site you accept these terms 

    Please read these terms carefully before you use our site. By using our site and/or applying to become a member of the Online Research Community, you confirm that you accept these terms and that you agree to comply with, and be legally bound by, them. If you do not agree to these terms, you must not use the site. We recommend that you print a copy of these terms for future reference.  

    If you think that there is a mistake in these terms or that they require any changes, please contact us to discuss using the details provided at paragraph 2 above. 

    These terms refer to the following additional documents, which also apply to your use of our site: 

    • Our Privacy Policy. See further under paragraph 6 below; and  
    • Our Cookie Policy, which sets out information about the cookies on our site. 
  5. Who can register as a member of the Wavemaker Community? 

    Registering as a member of the Online Research Community via our site is free, optional and is open to individuals only (not corporations or other business entities). You must be a UK resident aged 18 years or over to register. Only one registration per person is permitted. 

    Submitting a registration to us does not guarantee admission to the Online Research Community. We may deny your registration or revoke your membership to the Online Research Community or prohibit access to our site at any time in our sole discretion.  

  6. How we may use your personal information 

    We will only use your personal information as set out in our Privacy Policy

  7. Our site is only for users in the UK 

    Our site is directed to people residing in United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations. 

  8. How we may make changes to these terms and our site   

    From time to time, we may need to change these terms. For example, we may need to update the terms to reflect changes in law or best practice, or changes in the way the site works. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently amended on the update date stated above. 

    Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We may also update and change our site from time to time to reflect changes to our users' needs and our business priorities. 

    You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them. 

RULES FOR USING OUR SITE 

  1. You must keep your account details safe 

    If you choose, or you are provided with, a username, user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time. If you know or suspect that anyone other than you knows your password or other log-in credentials, you must promptly notify us using the details provided at paragraph 2, or via the functionality provided by our site. 

  2. How you may use material on our site 

    We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and/or other intellectual property laws and treaties around the world. All such rights are reserved. 

    Nothing contained in these terms grants you a licence or a right to use any intellectual property right owned or controlled by us, our respective partners or any third party, except to the limited extent necessary to access and use our site for your own personal use, strictly in accordance with these terms. 

    You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. 

  3. Information on our site is not advice 

    Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. 

    The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You should not rely on such content and should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. 

  4. We are not responsible for websites we link to 

    Where our site contains links or references to other websites and resources provided by third parties, these links and references are provided for your information only. Such links and references should not be interpreted as approval by us of those linked or referenced websites and resources, or the information you may obtain from them. We have no control over the contents of those sites or resources. 

  5. Our responsibility for loss or damage suffered by you 

    Our site is provided on an 'as is' basis. We do not promise that our site will be free from errors or omissions, nor that access to our site will uninterrupted. We make no guarantee that all or any features of our site or the Online Research Community will work in a particular way or on a particular device or via any particular software (such as your web browser). 

    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors. It also includes liability for fraud or fraudulent misrepresentation. It also includes liability for defective products under the Consumer Protection Act 1987 and for breach of your legal rights in relation to any product, including the right to receive products which are: (i) as described and match information we provided to you and any sample or model seen or examined by you; (ii) of satisfactory quality; and (iii) fit for any particular purpose made known to us.  

    We are not liable for business losses. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

    If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.  

    Loss or damage is foreseeable if either it is obvious that such loss or damage will occur or if, at the time a contract is made, both parties to that contract knew that such loss or damage might occur. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these terms, or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.  

  6. We are not responsible for viruses and you must not introduce them 

    We employ security measures but we do not guarantee that our site will be entirely secure or free from bugs or viruses. 

    You are responsible for configuring your device, information technology, computer programmes and operating platforms to access our site. You should use your own virus protection software. 

    You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. 

  7. Rules about linking to our site 

    You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site.  

    We reserve the right to withdraw linking permission without notice. 

    The website in which you are linking must comply in all respects with the content standards set out below at paragraphs 20 and 22 (Prohibited uses and UGC and content standards). 

    If you wish to link to or make any use of content on our site other than that set out above, please contact us using the details provided at paragraph 2. 

USER GENERATED CONTENT AND CONTENT STANDARDS 

  1. User generated content is not approved by us 

    Our site may include information and materials uploaded by other users of our site, including photographs, videos, audio, links or tags or embedded content to or in connection with social media pages and/or video-sharing services, and text (including, without limitation, on bulletin boards, on any chat rooms, posts and customer reviews) (“User generated content” or “UGC”).  

    UGC has not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. 

  2. How to complain about or report content 

    If you become aware of any material that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, you must contact us immediately using the details provided at paragraph 2. 

    If you wish to complain about any other content, please contact us using the details provided at paragraph 2 above. 

  3. Uploading content to our site 

    Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out below at paragraphs 20 and 22 (Prohibited uses and UGC and content standards). 

    You promise that any such contribution complies with those standards, and you will be liable to us and compensate us for any breach of that promise. This means you will be responsible for any loss or damage we suffer as a result of your breach of promise.  

    Any content that you upload to our site will be considered non-confidential. You retain your ownership rights in your content (if any), and you grant us, our partners (including ResearchBods), any other relevant third party and other users of our site a licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in paragraph 19 (Rights you are giving us to use material you upload). 

    We also have the right to: 

    • disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy; and 
    • remove any posting you make on our site, in our discretion. 

    If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact us using the details provided at paragraph 2 above. 

    You are solely responsible for securing and backing up your content. 

    We do not store terrorist content. 

  4. Rights you are giving us to use material you upload 

    When you upload or post content to our site, you grant us, our partners (including ResearchBods), any other relevant third party and other users of our site the following rights to use that content: a worldwide, fully paid-up, non-exclusive, royalty-free, sub-licensable, perpetual, irrevocable, and transferable licence to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit in any way that user generated content in connection with our site and/or across different media, including to promote our site or services and for our and our partners’ or advertisers’ commercial uses and purposes. 

  5. Prohibited uses  

    You may not use our site: 

    • In any way that breaches any applicable local, national or international law or regulation. 
    • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. 
    • For the purpose of harming or attempting to harm minors in any way. 
    • To bully, insult, intimidate or humiliate any person. 
    • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these terms. 
    • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). 
    • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. 
    • To upload terrorist content, or any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence. 

    You also agree: 

    • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms. 
    • Not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party. 
  6. Interactive Services 

    We may from time to time provide interactive services or functionalities through which site users may be able to communicate with each other on our site, including, without limitation, social networking features, customer reviews, video-sharing facilities, chat rooms and bulletin boards (“interactive services”). 

    Where we do provide any interactive service, we will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. 

    If you have any questions or queries about the moderation on our site, please contact us using the details set out in paragraph 2 above.  

  7. UGC and content standards 

    This paragraph 22 (UGC and content standards) applies to any and all material which you contribute to our site (“Contribution”), and to any interactive services associated with it. The UGC and content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our discretion, whether a Contribution breaches the UGC and content standards. 

    A Contribution must: 

    • Be accurate (where it states facts). 
    • Be genuinely held (where it states opinions). 
    • Comply with the law applicable in England and Wales and in any country from which it is posted. 

    A Contribution must not: 

    • Be defamatory of any person. 
    • Be obscene, offensive, hateful or inflammatory. 
    • Bully, insult, intimidate or humiliate. 
    • Promote sexually explicit material. 
    • Include child sexual abuse material. 
    • Promote violence. 
    • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. 
    • Infringe on any copyright, database right, trade mark or other intellectual property right owned or controlled by us or any third party. 
    • Be likely to deceive any person. 
    • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence. 
    • Promote any illegal content or activity. 
    • Be in contempt of court. 
    • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety. 
    • Be likely to harass, upset, embarrass, alarm or annoy any other person. 
    • Impersonate any person or misrepresent your identity or affiliation with any person. 
    • Give the impression that the Contribution emanates from us, a member of our company group, one of our partners or suppliers (such as ResearchBods) or any personnel, affiliate or employee of the same, if this is not the case. 
    • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse. 
    • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism. 
    • Contain any advertising or promote any services related to third parties or web links to other sites that have not been expressly requested or permitted by us in writing in relation to the Online Research Community. 

    For the avoidance of doubt, for any Contribution in the form of video content: 

    • You must tell us immediately if you upload a video containing (or become aware of any video containing) any of the following: criminal material (in particular relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18. 
    • You must not upload a video containing harmful material. 
    • You must not upload a video containing advertising unless this has been expressly requested or permitted by us in writing in relation to the Online Research Community. 

    You must use the functionality provided on our site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising which would not be permitted under these terms. 

  8. Breach Of This Policy 

    When we consider that a breach of our terms (including paragraph 22 (UGC and content standards)) has occurred, we may take such action as we deem appropriate. 

    Failure to comply with paragraphs 18-20 and/or 22 (Uploading content to our site, Rights you are giving use to use materials you upload, Prohibited uses and UGC and content standards)) constitutes a material breach of these terms, and may result (without limiting any other right or remedy we may have) in our taking all or any of the following actions: 

    • Immediate, temporary or permanent withdrawal of your right to use our site. 
    • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site. 
    • Issue of a warning to you. 
    • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. 
    • Further legal action against you. 
    • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law. 

    We exclude our liability for all action we may take in response to breaches of these terms and/or this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate. 

  9. Other important terms 

    We may transfer this agreement to someone else. We may transfer our rights and/or obligations under these terms to another organisation or third party.  We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

    You need 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. 

    Nobody else has any rights under these terms. This contract is between you and us. Save as set out herein, no other person shall have any rights to enforce any of its terms.  

    If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

    Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.  

  10. Which laws apply to these terms and where you may bring legal proceedings?   

    Except where otherwise required by mandatory law or consumer protection legislation, these terms, their subject matter and their formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.