These terms of service explain how you may make use of our website www.opinsta.com (our site), whether as a guest or a registered user, including for the provision of our Services (as defined below). Use of our site includes accessing, browsing, or registering to use our site.
Our Acceptable Use section sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with our Acceptable Use terms.
Please read these terms carefully before you start to use our site, as these will apply to your use of our site and the provision of our Services. We recommend that you print a copy for future reference.
By using our site and requesting our Services, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site or our Services.
www.opinsta.com is a site operated by Opinsta Limited (we, us or our). We are a limited company registered in England and Wales under company number 8029112 and have our registered office and main place of business at 403a Guildhall Building, Navigation St, Birmingham B2 4BT.
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Our site is made available free of charge (separate charges apply to the provision of the Services).
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
If you choose, or you are provided with, a 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 is to any third party.
If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us at firstname.lastname@example.org.
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 treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
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.
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 must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
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.
Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services and our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Services or the use of, or inability to use, our site, or use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Subject to the above, in relation to the Services (as defined below), our total liability in respect of claims based on events in any calendar year arising out of or in connection with the provision of the Services, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the total Charges payable by you in that calendar year.
Whenever you make use of a feature that allows you to upload content to our site (including text, picture and video files), or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that you are the owner (or are otherwise entitled to grant us the use of) any such contribution and that it complies with the standards set out in our Acceptable Use Policy. You will be liable to us and indemnify us for any breach of those warranties. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will remain your property (or the property of your licensor, if applicable), and you grant us a non-exclusive, royalty-free, worldwide, transferable, irrevocable licence to use that content (with the right to sub-license), which means that we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We do not permit the infringement of any third party’s intellectual property rights (including but not limited to copyright), and so (if properly requested to do so in accordance with applicable law) we may 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.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim arising from such content.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, spyware, adware or other material which 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.
You may link to our home page, 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.
You must not establish a link to our site in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact email@example.com.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
Business users may purchase Services from us using the online purchasing facility on the site.
The definitions in this section apply below:
Charges: the monthly charges in respect of the Services as set out on the site from time to time and agreed during the online booking process.
Start Date: the start date for the Services as agreed during the online booking process.
Services: the provision of a web platform tool for the design and carrying out of online surveys.
Software: the web platform tool to be hosted by us pursuant to these terms and made available as part of the Services.
Specification: the specification for the Software as set out during the online booking process and as may be agreed in writing between you and us from time to time.
We shall provide the Services and make the Software available with reasonable skill and care. We promise that the Software will perform substantially in accordance with the Specification. If this is not the case, we shall carry out the necessary work to get the Software to the Specification. This shall not apply to the extent that any failure is caused by you or any other third party.
We do not promise that the Services will always be available. Provided we take reasonable steps to remedy any interruption to the availability of the Services then we shall not have any further liability to you.
We shall not be liable to you or any third party in respect of the Services to the extent that this is caused by you and/or an event that is beyond our reasonable control.
These terms set out the full extent of our obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied or any collateral contract (whether by statute or otherwise) are hereby expressly excluded.
You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that the any content you upload to the Software infringes the intellectual property rights of a third party.
You acknowledge that our ability to provide the Services is dependant upon your full and timely co-operation (which you agree to provide), as well as the accuracy and completeness of any information and data that you provide to us.
You shall pay to us the Charges plus any applicable taxes such as VAT. Unless otherwise agreed, the Charges shall be paid monthly in advance.
If you fail to pay any of the Charges we shall be entitled to charge you interest on the overdue amount. Interest shall be payable by you immediately on demand, from the due date up to the date of actual payment at the rate of 8% per year above the base rate for the time being of the Bank of England. Such interest shall accrue on a daily basis and be compounded quarterly. We reserve the right to claim interest under the Late Payment of Commercial Debts (interest) Act 1998.
We shall provide the Services from the Start Date on a monthly basis. You may activate and de-activate your user account(s) at any time, though you will not be entitled to a refund for the remainder of any monthly period prior to the start of the next monthly billing period. Please note that the Services will be inaccessible by you upon cancellation, though you will be able to retrieve your survey content for a period of at least 90 days. Further information concerning activation and de-activation of all or part of your account(s) can be found on our website from time to time.
We and you acknowledge that the content of any survey created by you and content uploaded by survey participants is owned by you. We warrant that, to the extent we process any personal data (defined in the Data Protection Act 1998) on your behalf in relation to the Services, you shall be the data controller and we shall be the data processor and:
we shall act only on instructions from you; and
we have in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.
We may suspend and/or terminate the Services if you fail to pay any of the Charges when they fall due.
We or you may terminate the Services if the other party commits a material breach of any of these terms where such breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so.
We may terminate the Services if you become the subject of any form of insolvency event or arrangement or you suspend or cease, or threaten to suspend or cease, carrying on all or a substantial part of your business.
On termination of the Services (or any part of them), these Services terms shall cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue in full force and effect.
These acceptable use terms apply to all users of, and visitors to, our site.
Prohibited users. You may use our site only for lawful purposes. 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 send, knowingly receive, upload, download, use or re-use any material which does not comply with our ‘Content Standards’.
-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, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
-Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
-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.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any illegal activity such as (by way of example only) copyright infringement or computer misuse.
We will determine, in our discretion, whether there has been a breach of the acceptable use terms through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate.
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material 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.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Business users have the ability to activate and de-activate their account(s) online. By using this function, this will act as notice to us to commence or terminate any part(s) of the Services.
Any other notice given under these terms shall be in writing and shall be:
delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
sent by email to firstname.lastname@example.org or the contact email address provided by you on registration.
Any notice shall be deemed to have been received:
if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.
if sent by email, at 9.00 am on the next working day after transmission.
This does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Each of our rights or remedies under these terms is without prejudice to any other of our rights or remedies whether under these terms or not.
If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If we or you delay or do not take action to enforce our or your rights under these terms this does not prevent either we or you from taking action later.
We and you do not intend that any of these terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
If you are a consumer, please note that these terms, their subject matter and formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, 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.
If you are a business, these terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
We may revise our terms of service at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
To contact us, please email email@example.com.
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