Pollpass Terms of Use

The Terms of Use contain legally binding obligations, so please read them carefully

1. Introduction and acceptance of these Terms of Use

  1. These terms of use (“Terms of Use”) form a legal agreement between you and GlobalWebIndex Labs Limited (doing business as ‘Pollpass’) (“Pollpass”, “us”, “our” or “we”), which governs your access and use of the Pollpass website found at (pollpass.com) (“Pollpass Website”), the Pollpass mobile app (“Pollpass App”), and any other Pollpass branded services provided or made available by us (collectively, with the Pollpass Website and the Pollpass App, the “Pollpass Platform”).

GlobalWebIndex Labs Limited is a company incorporated and registered in England and Wales with company number 10891092.  Our registered office is at 25 Farringdon St, London, EC4A 4AB and our VAT number is: GB262138224. If you need to contact us for any reason, including to provide feedback or report any issue with the Pollpass Website and Pollpass App please e-mail us at: support@pollpass.com.

  1. The terms of our Privacy Statement are incorporated by reference into these Terms of Use.
  2. These Terms of Use (including the Privacy Statement) contain legally binding obligations. Accordingly, we strongly encourage you to review them carefully and ensure that they contain everything you want and nothing that you are not prepared to agree to, before you decide to accept them and use the Pollpass Platform. If you do not agree to these Terms of Use, you should not use the Pollpass Platform.
  3. You accept and agree to these Terms of Use (including the Privacy Statement) by either:
    1. acknowledging acceptance of the electronic version of these Terms of Use where this option is made available to you by us (for example when you register for a Pollpass Account), or
    2. actually using the Pollpass Platform.

2. About the Pollpass Platform and our relationship with you

  1. The Pollpass Platform allows you to:
    1. create an account which is specific to you, whereby you can provide us with details and information about you (your “Pollpass Account”);
    2. provide further information to us relating to your habits and preferences, in a number of ways, such as via an interactive chat functionality (your “Responses”)
    3. accumulate credits based on your interaction with the Pollpass Platform (“Pollpass Credits”), in the manner described on the relevant pages or sections of the Pollpass Platform;
    4. exchange Pollpass Credits to obtain further functionality from the Pollpass Platform, or other benefits to you (a “Reward”) in the manner described on the relevant pages or sections of the Pollpass Platform;
    5. access details about your Pollpass Account, including checking certain Responses provided by you; and
    6. be part of the Pollpass community, enabling better consumer market research, collectively known as the “Pollpass Functionality”.
  1. In order to provide the Pollpass Functionality, we must collect, process and store certain data (including, at times, your personal data). Such collection, processing and storage of data shall be carried out in accordance with and governed by these Terms of Use.  Where any personal data is collected or processed this shall be carried out in accordance with our Privacy Statement.
  2. We may, from time to time, extend or amend the Pollpass Functionality and offer additional service functionality or services to you, whether by way of download or otherwise. These additional functions may include any software maintenance, service information, help content, bug fixes, maintenance releases, modifications, amendments and/or upgrades to the existing functions. Additional functions will be governed by these Terms of Use or other terms and conditions made known to you when we make the other service functionality available.
  3. You must be at least 16 years old to download the Pollpass App and use the Pollpass Platform. To use the Pollpass Platform you will be required to create a Pollpass Account.

3. Use of the Pollpass Platform

  1. When registering for your Pollpass Account and using the Pollpass Platform (including when providing Responses) you agree that you will:
    1. provide complete, accurate and truthful information and registration details as requested. You must also keep the contact information you provide us at registration up to date and complete;
    2. carry out any registration and/or other tasks in the manner and form reasonably required by us (such as confirming your registered email address); and
    3. carry out any other action which we may reasonably require for you to access and use the Pollpass Platform, such as providing additional information to enable us to verify your identity.
    4. not access Pollpass from a country that we do not operate in.
  2. You agree that you will at all times comply with all applicable laws, roles and regulations application to your use of our Pollpass Platform, together with our Terms of Use (including our Privacy Statement). We may inspect your Pollpass Account for any reason, including to investigate any alleged breach of these Terms of Use, our Privacy Statement or any third party complaints.

4. Using the Pollpass Platform

  1. You may only create one Pollpass Account. If we reasonably believe that you have multiple Pollpass Accounts, we reserve the right to suspend or delete the affected Pollpass Account(s) and/or remove any Pollpass Credits which have been accrued in relation to that Pollpass Account. We may demand proof of identity in the event of a dispute.
  2. As part of the Pollpass Account opening process, you will be required to provide a unique e-mail address and password, and you may be asked to select a user name (collectively the “Credentials”) that may be used to enable access to, or use of, the Pollpass Platform. It is your responsibility to keep such Credentials safe, secure and within your control. Your Credentials must not be shared with any other party.  If you do grant access of your credentials or access to the Pollpass Platform to any other person, then you are solely responsible for all actions and omissions such other person may carry out.  You agree to inform us promptly if you believe or suspect that any other individual has access to your Pollpass Account.
  3. We reserve the right to close, suspend, or limit access to your Pollpass Account and/or any or all parts of our Pollpass Platform and the Pollpass Functionality if we are unable to verify your information, we have any reason to suspect that the information provided by you is inaccurate, you have shared your credentials with any third party, or that you have opened multiple Pollpass Accounts.
  4. Please note that we do not guarantee that the Pollpass Platform will be compatible with your mobile device. If you are able to download the Pollpass App on to your mobile device, it is likely that your device will be compatible with the Pollpass Platform.
  5. Please also note that the use of the Pollpass Platform may be impacted by the terms of your agreement with your mobile device supplier, manufacturer and/or phone service provider. Such use will require the use of data which may incur costs with your phone service provider particularly when using roaming tariffs abroad.
  6. We grant you a licence to use our Pollpass Platform that is personal to you only, limited, non-exclusive, revocable, non-transferable and without the right to sublicense. This licence is granted to you to allow you to electronically access and use the Pollpass Platform for the purpose to receive the benefit of the Pollpass Functionality in accordance with these Terms of Use.

5. Obtaining and Redeeming Pollpass Credits

  1. Pollpass Credits can be accumulated in accordance with the procedures specified on the relevant pages or sections of the Pollpass Platform. Pollpass Credits can only be accumulated by following all relevant instructions regarding obtaining that Pollpass Credit. If you do not correctly follow any required instructions or procedures, this may result in no Pollpass Credit being accumulated.
  2. You will be able to check how many Pollpass Credits you have accumulated within your Pollpass Account.
  3. Pollpass Credits may be exchanged for Rewards in accordance with the procedures specified on the relevant pages or sections of the Pollpass Platform.
  4. To obtain a Reward, you will be required to have a specified number of Pollpass Credits for that Reward. If you exchange Pollpass Credits for a Reward, the number of Pollpass Credits available to you (and displayed within your Pollpass Account) will be reduced accordingly.
  5. Certain Rewards may have additional terms and conditions associated with them (for example if the Reward constitutes entry to a competition or a prize draw). Where this is the case, these additional terms and conditions will be clearly displayed to you before you seek to exchange your Pollpass Credits for that Reward, and you will be required to confirm your acceptance to those terms and conditions prior to qualifying for or obtaining that Reward.
  6. We reserve the right to change the range of activities from which Pollpass Credit(s) may be accumulated and/or to vary the number of Pollpass Credits required to accumulate a particular Reward.
  7. Pollpass Credits are always associated with a particular Pollpass Account and cannot be shared with other users or Pollpass Account(s). The sale or barter of Pollpass Credits is expressly prohibited.
  8. Pollpass Credits themselves have no monetary value, and can only be used to obtain Rewards in accordance with the redemption requirements specified on the Pollpass Platform.
  9. We may from time to time adjust (upwards or downwards) the number of Pollpass Credits associated with a Pollpass Account in response to reasonably suspected errors or fraud, and it is agreed that we have full authority to do this.

6. Restricted Activities

  1. Notwithstanding any limitations described elsewhere in these Terms of Use, we may, where reasonably necessary to protect you or us or otherwise to comply with any and all applicable laws, roles and regulations applicable to the Pollpass Platform (“Applicable Laws”), establish general practices and limits concerning use of the Pollpass Platform.
  2. We treat the following matters as “Restricted Activities”, that is, if you:
    1. use the Pollpass Platform (or we reasonably suspect that you have used or will use the Pollpass Platform) for any illegal purposes or in breach of an Applicable Law which impacts us or your (and any third party’s) use of the Pollpass Platform;
    2. breach any material term or condition of these Terms of Use (which is not merely a trivial breach) or failed to remedy a breach of this Agreement in the manner we have informed you of;
    3. intentionally provide false, incomplete, inaccurate, or misleading information to us, which is not merely trivial (including any information as part of the Pollpass Account registration process);
    4. post or transmit material or otherwise use the Pollpass Platform that is, or is complained of as infringing the Intellectual Property Rights or other rights of others, or is likely to be considered to be unlawful, obscene, promoting illegal activity or terrorism, defamatory, libellous, threatening, harassing, abusive, derogatory, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, intimidating, profane, scandalous, pornographic, indecent, bigoted or hateful, embarrassing to any other person or otherwise objectionable as determined by us in our sole discretion (acting reasonably);
    5. reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Pollpass Platform or the Pollpass Functionality, not expressly permitted by us;
    6. create a database by systematically downloading and storing Pollpass Platform content, unless this is expressly permitted by us;
    7. frame or mirror any part of the Pollpass Platform without our prior written consent;
    8. post, transmit or otherwise allow any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Pollpass Platform (including its contents) or engage in any other conduct that restricts or inhibits any other person from using or enjoying the Pollpass Platform, or which, in our reasonable opinion, exposes us to any liability or detriment of any type;
    9. post or transmit any files containing viruses, software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, other harmful or disruptive component or other harmful computer code.
  3. You agree not to conduct any Restricted Activities. If you conduct or attempt to conduct any Restricted Activities, or if we reasonably believe, based on our actual or suspected knowledge backed by evidence, that you may have, or that the security of your use of the Pollpass Platform (including your Pollpass Account and/or your security credentials) have been compromised, or as referred to elsewhere in these Terms of Use, then we reserve the right to:
    1. close or suspend your Pollpass Account and/or use of the Pollpass Platform (in which case, any Pollpass Credits associated with the Pollpass Account will no longer be able to be exchanged for Rewards, if and until any suspension is lifted);
    2. report the activity and any other relevant information about you and your use of the Pollpass Platform to a regulator, police or other law enforcement agency and/or government department or agency; and/or
    3. if appropriate, and we have suffered a loss as a result of your actions, claim damages from you.
  4. You agree to co-operate with us, as we may reasonably require to investigate any Restricted Activity related to your use of the Pollpass Platform.

7. Termination of your Pollpass Account

  1. These Terms of Use commence from the date that you access and or use the Pollpass Platform until the time that these Terms of Use with us are terminated. There is no minimum time period of when these Terms of Use will be in effect.
  2. You can uninstall the Pollpass App at any time, using the functionality within the Pollpass App or your mobile device. Please note though that deleting the Pollpass App will not automatically result in the closure of your Pollpass Account.  To close your Pollpass Account, please email us at support@pollpass.com or, where applicable, follow the other instructions for this on the Pollpass Platform.    Closure of your Pollpass Account will also result in the termination of the Terms of Use between us.
  3. We reserve the right to terminate any Pollpass Account if it has been dormant for a period of 12 months or more. For the purposes of this section, ‘dormant’ means that there have been no Responses submitted in relation to that Pollpass Account.
  4. In addition to the other rights to suspend and terminate the Pollpass Platform as set out in these Terms of Use, we reserve the right to suspend or terminate your Pollpass Account or terminate these Terms of Use at any time, at our convenience by providing at least 30 days’ notice to you.

8. Following the closure of a Pollpass Account

  1. If your Pollpass Account is closed and/or these Terms of Use are terminated, you agree that notwithstanding such closure or termination:
    1. to immediately stop using the Pollpass Platform;
    2. the licences provided by us under these Terms of Use shall end;
    3. we reserve the right (but have no obligation) to delete all your information and account data, including, without limitation your Responses, stored on our systems and servers, and to the extent that we retain your information, we can continue to use it in accordance with the Privacy Statement and the licenses stated in these Terms of Use; and
    4. we shall not be liable to you or any third party for termination of access to the Pollpass Platform or for deletion of your information or account data.
  2. Any provision that is reasonably necessary to accomplish or enforce the purpose of these Terms of Use after this Agreement has ended shall survive and remain in effect in accordance with their terms upon the termination of these Terms of Use.
  3. If your Pollpass Account is closed, all Pollpass Credits associated with the Pollpass Account will be deemed to have expired and they will no longer be able to be exchanged for Rewards and shall not be recoverable. You will not be able to re-open your Pollpass Account. You will not be entitled to any compensation for any unused Pollpass Credits in the event that that your Pollpass Account is closed for any reason.

9. Important disclaimers

  1. While we will aim to maintain an uninterrupted service through the Pollpass Platform, the Pollpass Platform is provided on an “as is” basis and we do not promise that your access to the Pollpass Platform will be delivered uninterrupted, securely, in a timely manner or error-free, or that the Pollpass Platform will be free from viruses or other harmful properties if due to circumstances outside our control; or if we are required to suspend or alter the Pollpass Platform to protect the interests of any innocent party.
  2. Our responsibility to you is limited if there are interruptions to the Pollpass Platform. If you are dissatisfied with the Pollpass Platform, you may choose to discontinue using the Pollpass Platform and/or close your Pollpass Account at any time.
  3. From time to time, we may carry out maintenance of the Pollpass Platform which may result in certain parts of the Pollpass Platform becoming unavailable, in which case we will endeavour to notify you in advance. We are not liable to you for the unavailability of the Pollpass Platform while we carry out any maintenance of the Pollpass Platform.
  4. While we try to make sure that Pollpass Platform is secure, you should note that transmission of information via the Internet may not be absolutely secure and could be subject to interception by governmental agencies or malicious third parties.

10. Hyperlinks and third party sites

The Pollpass Platform may contain hyperlinks or references to third party websites or apps other than the Pollpass Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites or apps and accept no legal responsibility for any content, material or information contained in them. However, you should note that if we include a link to a third party’s website, app, products or services, we may have a commercial relationship with that third party.

11. Potential Liabilities

  1. You promise that you will pay, immediately owe and be liable to Pollpass for an amount equal to the losses, claims, demands, expense or other liability of Pollpass arising from or related to:
    1. you breaking these Terms of Use or our Privacy Statement;
    2. disputes or litigation caused by your actions or omissions; and/or
    3. your negligence or violation or alleged violation of Applicable Laws or rights of a third party.
  2. If we fail to comply with these Terms of Use or our Privacy Statement, we are only responsible for loss or damage you suffer that is a direct and foreseeable result of our breach of these Terms of Use or our negligence, and we are not responsible for any loss or damage that is not directly foreseeable, or not our fault. We have no liability to you for any indirect or consequential loss or for any loss of profit, loss of revenue, loss of business, loss of goodwill, reputational damage or loss, business interruption, or loss of business opportunity.
  3. Subject to Section 11.4, our maximum aggregate liability under or in connection with these Terms of Use (including your use of the Pollpass Platform) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £10.
  4. Nothing in these Terms of Use shall limit or exclude either party’s liability for:
    1. death or personal injury resulting from our negligence;
    2. fraud or fraudulent misrepresentation; and
    3. any other liability that cannot be excluded or limited by English law.
  5. We will not be liable or responsible for any losses you may incur that were not our fault or were because of any failure by us to perform (in part or foll), or delay in performance of, any of our obligations under these Terms of Use that is caused by an event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion, accident or our compliance with any applicable law.

12. Amendments to these Terms of Use

We reserve the right to vary these Terms of Use from time to time. Our updated terms will be displayed on the Pollpass Platform and by continuing to use and access the Pollpass Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Use from time to time to verify such variations.  No other changes to these Terms of Use are valid or have any effect unless agreed by us in writing.

13. Protection of Intellectual Property Rights

  1. In these Terms of Use “Intellectual Property Rights” mean all patents, copyrights (including copyright in source code, object code, developer tools, data, materials, content and printed and electronic specifications, integrations guides, procedures manuals and related documentation) design rights, trade marks, service marks, trade secrets, know-how, business names, trade names, database rights and other rights in the nature of intellectual property rights (whether registered or not) and all applications for the same which may now, or in the future, subsist anywhere in the world, including the right to sue for and recover damages for past infringements.
  2. The Pollpass Platform and all Intellectual Property Rights in it and in content made available on it (except for your Responses) are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms of Use. This means, for example, that we and they remain owners of them and free to use them as we and they see fit even following termination of these Terms of Use.
  3. Nothing in these Terms of Use grants you any legal rights in the Pollpass Platform other than as necessary to enable you to access the Pollpass Platform. You agree not to adjust to try to circumvent or delete any notices contained on the Pollpass Platform (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Pollpass Platform.
  4. Nothing herein seeks to transfer any Intellectual Property Rights your Responses and any other content you make available to us on or via the Pollpass Platform.  You hereby grant to Pollpass and its affiliated companies a non-exclusive, fully paid up, royalty-free, perpetual, irrevocable, transferrable, sub-licensable, worldwide licence to use, modify, reformat, include in databases and publicly display your Responses and any other content you make available to us or via the Pollpass Platform, and the right to combine your Responses with any other information for display and use both within and outside of the Pollpass Platform.  We shall own the Intellectual Property Rights in all aggregated databases which contain your Responses.
  5. You represent and warrant that:
    1. you have the rights to supply your Responses and other content posted by you on or through the Pollpass Platform;
    2. the use of your Responses and other content you make available to us on or via the Pollpass Platform in accordance with the licenses included herein does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
    3. you agree to pay for all royalties, fees, and any other monies owed by reason of your supply of your Responses and other content you make available to us on or via the Pollpass Platform; and
    4. you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

14. Making complaints

In the event of any dispute or difference or claim howsoever arising between you and us in connection with or in relation to these Terms of Use, including any dispute regarding the existence, validity or termination of these Terms of Use you should, in the first instance contact the Customer Care Team by email to support@pollpass.com. We aim to respond to any complaint or dispute as quickly as possible and with a view to finding a satisfactory solution.

Other important terms

  1. The failure of Pollpass to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be interpreted by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and remain enforceable between the parties.
  2. We are an independent contractor for all purposes when carrying out our obligations under these Terms of Use. Nothing in these Terms of Use is intended to, or shall be deemed to, establish any other kind of legal relationship including: partnership, agency, trustee, fiduciary duty, joint venture or any other form of legal association between us.
  3. No one other than a party to these Terms of Use has any right to enforce any of these Terms of Use.
  4. These Terms are governed by English law. This means that these Terms of Use and any dispute or claim arising out of or in connection with them will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. Nothing herein seeks to limit any mandatory rights that you may have as a consumer in your own jurisdiction or seek to prevent you from raising any claim in any court which you are entitled due to your status as a consumer.
  5. The information provided within the Pollpass Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Pollpass to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Pollpass Platform or any portion of it, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Pollpass provides.