Terms & Conditions

VoicesAfrica
Terms & Conditions

1. Applicability; Agreement.
These Terms and Conditions (these “Terms”) govern and apply to:
(1) your registration and membership with VoicesAfrica panels;
(2) your use of and/or access to our Panel website;
(3) your participation in any survey or study offered, provided, hosted, or administered by VoicesAfrica (individually a “Survey” and collectively “Surveys”); and
(4) your eligibility for incentives which may be offered as consideration for your successful completion of certain VoicesAfrica Surveys, including without limitation panel specific non-tangible “points” which may be redeemed for cash, goods or services (individually an “Incentive” and collectively “Incentives”).
All references in these terms to “VA” include VoicesAfrica, and its parents, subsidiaries, and affiliates. All references in these Terms to “us” or “we” refer to VA.
By joining a Panel; using and/or accessing our Website; by participating in any Survey; or receiving Incentives, you hereby expressly agree to comply with, and be bound by, these Terms.
VA reserves the right to: (i) refuse or reject an individual for Panel membership; (ii) terminate Panel membership with or without cause; (iii) limit, restrict, or prohibit an individual’s use of, and/or access to, any Website(s); (iv) limit, restrict, or prohibit an individual’s participation in any Survey(s); at any time, in its sole discretion; and (v) limit, restrict, or prohibit your receipt of or access to Incentives; at any time, in its sole discretion.

2. Membership Eligibility.
VA Panel membership is generally open to individuals at least 14 years of age or older, although Panel specific restrictions may place an age limit and/or allow younger individuals to register for certain Panels. Individuals younger than 18 confirm having permission from parent(s) or guardian(s) to enrol. We allow one member per unique email address. VA may refuse our services to anyone at any time, at our sole discretion.

3. Use of Website; Surveys.
VA reserves the right to change, modify, or eliminate, and/or restrict or block access to, all or any part of the Website, without notice, at any time and from time-to-time.
VA provides Panel members and non-Panel members with the opportunity to participate in Surveys. Participation in Surveys is voluntary. By agreeing to become a Panel member, you hereby agree to participate in Surveys. You may unsubscribe from Panel membership at any time, see Section 10 "Opt Out Policy" below.


4. Panel Registration Passwords.
You may access the Website as a visitor without registering for membership with the Panel and without providing or disclosing Personal Information.
In order to register as a Panel member, you must register with the Website and provide certain Personal Information. Panel members and non-Panel members are required to truthfully provide all information. VA reserves the right to terminate Panel membership, and/or restrict or prohibit participation in Surveys, if you provide information that is, or that is reasonably suspected to be, untrue, inaccurate, not current, or incomplete.
VA will permit a Panel member to use his/her own email address as username and create a personal password. Panel members are solely responsible for the security of their usernames and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts.
Panel membership is specific to the individual who registered. Incentives and any other rewards are awarded to an individual and are not transferable.
You acknowledge that you are performing any and all services for VA in the capacity of an independent contractor, and no agency, partnership, join venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement. You further acknowledge that any Incentives earned by successfully completing applicable Surveys constitute the entirety of compensation arising out of this relationship.

5. Unauthorized Uses.
You agree not to:

(i) Take any action to interfere with the Website or an individual’s use of the Website, including, without limitation, by overloading, “flooding”, “mail bombing” or “crashing” the Website;

(ii) Send, to VA, and/or to or from any Website, any illegal, deceptive, or harmful code, including, without limitation, any virus, spyware, adware, or any other harmful code;

(iii) Send unsolicited emails, including, without limitation, promotions and/or advertising of products or services;

(iv) Open, use, or maintain more than one (1) membership account within a Panel;

(v) Forge or mask your true identity;

(vi) Frame a portion(s) of the Website within another website or alter the appearance of the Website;

(vii) Establish links from any other website to any page of, on, or located within any Website, without the prior express written permission of VA, and in no event shall links to any page other than the Website home page be established;

(viii) Post or transmit any threatening, libelous, defamatory, obscene, scandalous, or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein);


(ix) Intentionally or willfully submit falsified data or commit any other fraudulent act(s), including without limitation attempts to earn Incentives or redeem Incentives in any manner that conflicts with the intent of these Terms; attempts to fraudulently earn, redeem, or purchase points; or tampering with surveys or links;

(x) Reverse engineer any aspect of the Website or do or take any act that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to the webpage, content or code, except as expressly permitted by Applicable Laws;

(xi) Engage in any criminal act(s); or

(xii) Encourage and/or advise any individual, including, without limitation, any VA employee, to commit any act(s) prohibited hereunder.

You acknowledge and agree that VA will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena).

6. Restricted Content.
In connection with your Panel membership or participation in a Survey, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content (“Restricted Content”) belonging to VA and/or VA’s clients, partners and/or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title, and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, create derivative works of, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Restricted Content without the prior express written consent of VA. You acknowledge and agree Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section, in addition to any other rights or remedies available to VA, VA reserves the right to terminate, prohibit or restrict your membership with the Panel and/or your ability to participate in Surveys.

7. Your Content and Material.
You are solely liable and responsible for all content, materials, information, and comments (“User Content”) you use, upload, post or submit in connection with the Website and/or during Survey participation. You are solely responsible for all third party approvals, consents, and/or authorizations required for User Content.
By using, posting, or submitting User Content in connection with the Website and/or during Survey participation, you hereby grant VA a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute, and otherwise use your User Content.

8. Reward Programmes; Sweepstakes.
VA may, at its sole discretion, offer or conduct rewards or other Incentives on certain studies. Specific rewards and sweepstakes terms may be included in Survey invitations. VA may engage a third party or third parties to administer rewards programs and sweepstakes.
Where applicable, the Incentive being offered for a Survey will be displayed with each survey invitation or on the opening page to the survey. Determination of eligibility for Incentives may be made at any time during the survey for reasons which may include, but are not necessarily limited to demographics, inconsistencies, overly hurried responses, or for other reasons. Incentives earned by a Panelist will be credited to the Panel member's account (as long as the Panel member's account is in good standing with VA) generally within 48 hours after completion of a Survey. However, some Surveys may require follow-ups or have other specifications that require us to not award Incentives for up to four (4) to eight (8) weeks after the Survey finishes. Fulfillment of prizes in connection with sweepstakes/promotion drawings depend on several factors and are subject to the official rules for the particular sweepstakes/promotion. In some cases, Surveys offered by VA are hosted by unaffiliated partners, in such cases, the decision to award Incentives lies solely within our partner(s) discretion, and such decisions are final.

9. Profile Updates.
Panel members agree to promptly notify VA of any changes in or to information contained in their member profile. Panel members agree to review and update, as necessary, membership profiles no less frequently than once every twelve (12) months. A Panel member may update, correct, and/or delete information contained in his or her membership profiles by accessing his or her Panel membership account.

10. Opt-Out Policy.
Panel members may opt-out from Panel membership, at any time, by: (i) following the unsubscribe procedures described on the Website by sending an email to the Panel team. VA shall use reasonable efforts to read and respond to each email request within two (2) to three (3) business days. Upon termination, a Panel member’s contact information will be removed from any further communication or contact lists. Please allow a few days for the complete removal of contact information from VA’s communication or contact lists for the Panel; during which time period the Panel member may receive communications which were created or compiled prior to termination. VA may retain profile information in VA’s databases indefinitely.
Panel members will receive a newsletter that provides information on new features or surveys. A Panel member may opt-out from receiving VA’s newsletter by clicking the link contained within the newsletter and following any instructions or prompts.

11. Links.
You may be able to voluntarily link or connect to websites maintained and/or operated by third parties (“Third Party Websites”). VA does not endorse any Third Party Website nor any products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website (“Third Party Information”). VA does not make any representations or warranties regarding the Third Party Websites and/or the Third Party Information. Please carefully review all policies and terms applicable to the Third Party Websites and the Third Party Information.

12. Communications with VA.
All communications and User Content submitted or transmitted by You to VA, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by You either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may used by VA for any legal reason.

13. Privacy.
VA takes your privacy very seriously. For information about VA’s privacy practices, please review VA’s Privacy Policy.

14. Disclaimer.
THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT, MATERIAL, COMMENTARY AND SERVICES MADE AVAILABLE ON, OR THROUGH, THE WEBSITE, ARE PROVIDED “AS IS”. VA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, OR SERVICES MADE AVAILABLE ON, OR THROUGH, THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, CONTENT, MATERIAL, OR COMMENTARY SUBMITTED, UPLOADED, OR POSTED BY ANY PANEL MEMBER. FURTHER, VA HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONS, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. VA DOES NOT WARRANT THAT THE TOOLS OR FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE WILL BE CORRECTED, OR THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VA DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, SURVEYS, VA’S SERVICES, AND/OR WEBSITE.

15. Changes.
All information posted on the Websites is subject to change, at any time, without prior notice. These Terms may be changed at any time without prior notice from VA. Any changes to these Terms will be posted in the area or location VA deems most appropriate. VA strongly recommends that you check the Website frequently for any changes. By using and/or accessing the Website, continuing Panel membership to, in, or with a Panel, participating in a Survey(s), or receiving or redeeming Incentives, after these Terms have been modified, constitutes your acceptance of these Terms, as modified.

16. Indemnification.
You agree to indemnify, defend and hold harmless VA, its parents, affiliates and subsidiaries and each of their respective divisions, members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable attorneys’ fees and court costs, arising out of, resulting from, in connection with, or caused by, whether directly or indirectly, your breach or violation of these Terms.
You further agree to indemnify and hold harmless VA from and against, any actions taken by any individual accessing your account, including but not limited to accumulation of Incentives, redemption of Incentives, and disclosure of passwords to third parties. By accepting Incentives, you hereby release VA and its parents, subsidiaries, and affiliates, and each of their divisions, members, managers, shareholders, directors, officers, employees, and agents from any and all liability regarding the redemption of Incentives, use of Incentives, or other participation in Incentive programmes.

17. Limitations of Liability.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL VA BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER VA IS INFORMED OF THE POSSIBILITY THE SUCH DAMAGES MAY EXIST.

18. Compliance with Applicable Laws.
You acknowledge and agree that you will comply with all applicable international, national, Federal, state, and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your: (i) use of, and/or access to, the Website; (ii) membership to, in, or with the Panel; (iii) participation in Surveys; and/or (iv) receipt, redemption, and/or use of Incentives.

19. Suspension; Termination; De-Activation of Panel Membership Accounts.
Without limiting any other available remedies, VA may, without notice, suspend or terminate a Panel member’s account(s) if such member breaches, violates, or otherwise fails to abide by, or comply with, these Terms. Panel members hereby agree that the suspension of a membership account(s) shall not prohibit or restrict VA from subsequently terminating such membership account(s). In the event VA terminates a Panel member’s account(s), VA reserves the right to: (i) delete all Incentives; (ii) prohibit the Panel member from re-registering with any Panel(s); (iii) prohibit or restrict the Panel member’s ability to participate in any Survey(s); and (iv) pursue any and all other remedies available to VA. In the event that a non-Panel member breaches or otherwise violates these Terms, such non-Panel member hereby agrees that VA may: (a) delete all Incentives available to such non-Panel member; (b) prohibit and restrict such non-Panel member from participating in Surveys; and (c) prohibit and restrict such non-Panel member from registering in or with the Panel.
You may terminate your Panel membership, with or without cause, for any reason or no reason. VA may terminate your Panel membership at any time, with or without cause, for any reason or no reason, without notice. In the event of termination as set forth in this paragraph, your Panel membership will immediately terminate; and all Incentives will immediately be deleted and forfeited.

VA reserves the right to de-activate your Panel membership account, without notice,: (a) if your membership account does not remain Active (as defined herein); (b) if VA receives a hard bounce or delivery failure notice in regards to email communications sent by VA to your email account; or (c) if VA receives a “mailbox full” reply notice three (3) times in regards to email communications sent by VA to your email account. In the event that VA de-activates your membership account for the foregoing reasons, VA shall immediately terminate your access to, and ability to redeem, any such Incentives. For the purpose of these Terms, “Active” means that you: (i) participate in a Survey, at least, once every three (3) months; or (ii) update your profile or member information once every three (3) months.

20. VA Employees.
A. Restriction. VA employees and their Immediate Family Member(s) (as defined herein) are not eligible to receive any payments, prizes, or incentives for taking Surveys. For the purpose of this Section 20, the term “Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners, and spousal equivalents).
B. Procedures. VA’s employees may join the Panel, or take part in a Survey, only after receiving written permission from their respective manager, and only for the sole purpose of improving VA’s products and/or services. VA’s employees must always be honest and report accurate information in connection with joining a Panel or participating in a Survey. If altered demographic data must be used, for specific testing, or other legitimate purposes, VA’s management will give specific written consent and instructions on how to report this activity and ensure that such data is not included in the final Survey results.
C. Improper Conduct. Except as authorized by VA’s management in writing; VA classifies the intentional or willful falsification of data as a fraudulent act. Any VA employee found to have committed fraud or coached any respondent on how to manipulate the Panel or Survey system; will be in violation of VA’s Standards of Conduct. In the event that such fraudulent act(s) are committed or perpetrated by an employee of VA, whether alone or in connection with another party, such employees’ employment with VA will immediately be terminated. In the event that a Panel member is found to have cooperated or participated in such fraudulent act(s), such Panel member will be subject to appropriate disciplinary action(s) as permitted pursuant to these Terms.

21. Intellectual Property.
The names, logos, icons, and graphics used on this website in connection with or identifying the products or services of VA, any other content or material embodying or consisting of patentable or copyrightable work on the VA site are proprietary marks of VA. All other trademarks and or copyrights appearing on the VA site are the property of their respective owners, and unless otherwise stated, are not affiliated.
The content of VA and the Website is intended for the personal, non-commercial employment of its users, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content, including VA intellectual property.

22. Notices.
A. Notice From You to VA. Except as otherwise set forth herein, or as required by Applicable Laws, all notices to be sent or provided to VA should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by a nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the member services team for the Panel.
B. Notice From VA to You. Except as otherwise required by Applicable Laws, you agree that VA may provide notices to you via the e-mail address provided by you to VA (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that VA did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered); or (ii) by posting notices on the Website. You agree to check the Website frequently for notices and to keep your Personal Information up-to-date.
C. Notice to Copyright Agent.
(i) General Information.
It is VA’s policy to respond to clear notices of alleged copyright infringement. This Section describes the information that should be present in these notices. Please note that in response to such notices, VA reserves the right to take any action deemed necessary by VA, including, without limitation, the right to remove or take-down, or disable access to, material or content claimed to be the subject of infringing activity.
(ii) Notice of Copyright Infringement.
VA respects the intellectual property rights of others and is committed to complying with all Applicable Laws, including, without limitation, the Digital Millennium Copyright Act of 1998, as amended (“DMCA”). If anyone has a good-faith belief that content and/or material located on, or within, any Website(s) is being used in a manner that constitutes copyright infringement; such person may provide notice of such infringement, which notice must include:

(1) A physical or electronic signature of the owner, or the person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

(2) Identification of the copyrighted work that is claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at such online site. Reasonably sufficient identification information must be provided to VA by the reporting party.

(3) Identification of the material or content that is claimed to be infringing or is claimed to be the subject of the infringing activity and a request that such material or content be removed or access be disabled. Reasonably sufficient information must be provided to VA to permit VA to locate the material or content.

(4) Information reasonably sufficient to permit VA to contact the individual providing the notice, including, without limitation, address, telephone number and, if available, email address.

(5) Include the following statements:
(a) “I have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.”

(b) “I swear, under penalty of perjury, that the information contained in this notice is accurate, and that I am the copyright owner or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

The foregoing notice should be sent to VA at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

(iii) Counter-Notification.

If you receive a copyright infringement notice from VA and you feel that such notice was wrongly filed against you, you may file a counter notification with VA, which notice must include the following:

(1) A physical or electronic signature of the member or other individual whose material or content was removed or to which access was disabled.

(2) Identification of the material or content that has been removed or to which access has been disabled and the location at which the material or content last appeared prior to removal or the disabling of access.

(3) The following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the identified material was removed, or access to it disabled, as a result of mistake or misidentification.”

The foregoing counter-notice should be sent to VA as set forth in Section 22, above.
Please be advised that:
§ You will be liable for damages (including reasonable attorneys’ fees and court costs) if you materially misrepresent that material or content is not infringing the copyrights of another party or parties.
§ VA will terminate the Panel membership of any individual who is a repeat infringer of Applicable Laws.

23. Severability.
If any provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable provision was not a part of these Terms.

24. Miscellaneous Terms
The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. VA’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent VA from enforcing any subsequent breach by you of these Terms. These Terms, any policy or policies referenced or incorporated herein, and any Panel specific requirements, represent the entire understanding and agreement between VA and you with respect to the subject matter hereof.

Last Updated: 8 April, 2013

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