Terms of Service

Effective Date: June 2024

Specialist Opinions’ website and interactive properties through which the service is delivered (collectively, the “Service”) is owned, operated, and distributed by Walr Group Limited (referred to in these Terms of Service as “Specialist Opinions” or “we,” “us,” “our,” etc.). By accessing any part of the Service, you are agreeing to the Terms of Service described below, the terms of our Privacy Policy ([https://specialist-opinions.com/privacy-policy/) , and other legal notices published by Specialist Opinions on the Service (collectively, the “Specialist Opinions Terms”). Please carefully read the Specialist Opinions Terms to ensure your full understanding of Specialist Opinions’ policies. If you do not understand the Specialist Opinions Terms or do not accept any part of them, then you may not use or access any part of the Service.

These Specialist Opinions Terms apply to anyone who accesses the Service and users who have registered as members of Specialist Opinions.

At the sole discretion of Specialist Opinions, we may modify these Terms of Service at any time with or without notification. By accessing the Service after such modifications, you thereby agree to any updates or changes.

Material changes to these Terms of Service will subsequently be posted on the site reflecting any new updates and its effective date.

By using the Service, you agree to be bound by these terms. We reserve the right to refuse to provide the Service to any person, for any reason, and/or to discontinue the Service in whole or in part, at any time, with or without prior notice.

The Service is offered and available to users who are 16 years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Specialist Opinions and meet all eligibility requirements. If you do not meet all such requirements, you must not access or use the Service.

1) Description of the Service.

We ask you to participate in the Service provide to provide our current and prospective end-clients (Clients) the following:

a) Clients receive anonymised Survey Task results representing respondents such as yourself (Respondents) that have registered with the Service and are participated in various anonymous incentivised research studies (the Survey Task(s));

b) This occurs through Specialist Opinions inviting Respondents to participate in a Survey Task specific to our Client’s requirements and Respondents receiving incentives or rewards (via a third party rewards platform) for said participation via (the Incentive); and

c) Respondents will be required to Opt-In to each Survey Task via an email invitation (Invitation) that Specialist Opinions sends to them (per the details in paragraph 3 below) in order to conduct the Survey Task, accept Specialist Opinions’ Terms and receive the Incentive.

2) Respondent Recruitment

We obtain potential Respondent contact information and email addresses to issue Invitations and recruit in two ways:

a) Through partnership with a database owner who has gained your express consent to share your personal details with third parties such as ourselves, Specialist Opinions.

b) Via social media sites and apps that you use, and via websites where a survey opportunity will be made available by us as a paid advertisement.

3) Respondent Opt-In Requirements

a) Participation in each Survey Task is entirely voluntary and requires a Respondent to initially clink on a link within the Invitation, and expressly:

i) Opt In and agree to participate in the specific Survey Task that they are being invited for; and

ii) (ii) Opt-In to the language in part (3b or 3c) below to and to

(1) capture and usage of Respondent Data; and

(2) to the Specialist Opinions Terms. This is known as providing Specialist Opinions with you informed consent regarding the Survey Task and the sharing of your opinions with us.

b) The Opt In language within each Survey Task Invitation will read:

This Survey Task invites you to share your opinions on certain areas of interest to our end-client. This Survey Task is incentivised as detailed within the Invitation. If you accept the Survey Task and complete it, you will be sent a link to a third-party Incentive platform (by the Incentive provider, not by Specialist Opinions) to access your reward/Incentive. You will be required to enter in details, including your email address/mobile number in order to participate in the Survey Task and subsequently receive the Incentive. The Incentive provider requires such details solely to provide you with the Incentive and to contact you in relation to any Incentive related payment issues. The Incentive provider’s privacy policy will be available and easily accessible to you via their platform. Neither Specialist Opinions nor our end-client will see or have access to the data that you submit on the Incentive provider platform.

By proceeding with this survey, you acknowledge and agree to the following:

have read and understood the Privacy Policy [https://specialist-opinions.com/privacy-policy/].

– I have read and understood and agree to the Terms and Conditions [https://specialist-opinions.com/terms-and-conditions/]

– I agree to the processing of my personal data in accordance with Specialist Opinions’ Privacy Policy. This includes information I provide directly as well as any data collected through my interactions with this survey.

By checking the box below and clicking “Next,” you consent to the above.

[ ] I agree to the processing of my personal data and the terms and conditions.

[Next]

c) The Opt In language within each Profiling task Invitation will read:

This Survey invites you to share details around your experience and current role in the industry in order for us to better match future earning opportunities for you.

This Survey is incentivised as detailed within the Invitation and if you are selected as one of the prize draw winners, you will be sent a link to a third-party Incentive platform (by the Incentive provider, not by Specialist Opinions) to access your prize via bank transfer. The Incentive provider will be provided with your email address and full name solely to provide you with the Incentive and to contact you in relation to any Incentive related payment issues, and their provider’s privacy policy will be available and easily accessible to you via their platform. Neither Specialist Opinions nor our end-client will see or have access to the data that you submit on the Incentive provider platform.

By proceeding with this survey, you acknowledge and agree to the following:

– have read and understood the Privacy Policy [https://specialist-opinions.com/privacy-policy/].

– I have read and understood and agree to the Terms and Conditions [https://specialist-opinions.com/terms-and-conditions/]

By checking the box below and clicking “Next,” you consent to the above.

[ ] I agree to the processing of my personal data and the terms and conditions.

[Next]

4) Incentives

a) Our end-clients may choose to provide a reward or incentive to Respondents (each, an “Incentive”) to participate in a research study offered through the Service. You acknowledge and agree that Specialist Opinions has no independent obligation to provide any Incentives to you in connection with your participation in any research study offered through the Service.

b) Specialist Opinions will not be liable to for your failure to redeem an Incentive, failure of delivery of an Incentive due to incorrect information provided by you, or for any defects in an Incentive.

c) Specialist Opinions will used a third party Incentive provider which will use commercially reasonable efforts to distribute Incentives to Respondents within five business days of Survey Task.

d) You acknowledge and agree that you will forfeit some or all of any Incentive offered in connection with a Survey Task offered through the Service if:

i) you violate these Terms of Service (as determined by Specialist Opinions in its sole discretion);

ii) you do not satisfactorily complete the Survey Task, or your answers (in Specialist Opinion’s sole opinion) are inadequate, insufficient or do not correctly answer the Survey Task or the questions posed within it; or

iii) you delete your account on the Service prior to receiving or redeeming the Incentive.

e) You are solely responsible for understanding and evaluating any potential tax liability related to any Incentives, and for determining any potential income reporting pursuant to the requirements of applicable laws.

5) Prize Draws

a) Specialist Opinions (the “Promoter”) may enter you into a prize draw to receive a cash prize as part or full incentive for your participation in a Survey (the “Prize”). Any prize draw entered into will be subject to Survey specific terms and conditions (stating, for example, a closing date for entry), in addition to these Terms and Conditions, which shall be displayed on the Website at the point of participation.

b) The Prize is as stated in the Invitation and is non-exchangeable, non-transferable and not redeemable for other prizes. The Promoter will not be responsible for any costs incidental to the winner using the Prize. If the winner does not wish to use the Prize, he/she should notify the Promoter and it may, at its discretion, offer the Prize to a runner-up to be drawn at random in accordance with these terms. The Promoter retains the right to substitute the Prize for one of equal or greater value.

c) Insofar as is permitted by law, the Promoter will not in any circumstances be responsible or liable to compensate the winner or any third party or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the Prize, except where such loss is a direct result of the negligence of the Promoter.

d) The Prize winner will be drawn at random from all entries and will be the first entry drawn. The draw will be randomly computer generated and witnessed by an independent adjudicator. The winner will receive an email informing them that they have won the Prize (the “Notice”). The Notice will appear within 3 days of the relevant Prize draw. If the winner does not claim their Prize within 14 days of the date of Notice, the Promoter may at its discretion dispose of the Prize as it sees fit without any liability to the winner. The decision of the Promoter regarding any aspect of the Prize draw is final and binding.

e) The winner may be required to provide the Promoter with proof that it is the registered account holder and the Promoter reserves the right to void, cancel, suspend or amend the Prize draw where it deems it necessary to do so.

f) All incentive Surveys and Prize draws are run by the Walr Group Limited (trading as Specialist Opinions). These terms and conditions and this promotion are governed by English law.

6) Survey Task Responses

For the avoidance of doubt and to reiterate item 4(d)(ii) above, in order to qualify for an Incentive and to be rewarded one, Respondent answers must be appropriate, complete and specific to the questions asked with the Survey Task. Specialist Opinions reserves the right to decline Incentive payment to any Respondent if it deems, in its sole opinion, that these conditions have not been met.

7) Intellectual Property.

a) ‍All designs, copyright and related rights, custom graphics, icons, logos, service marks and trade names used in conjunction with the Service are registered or unregistered trade marks or service marks of Specialist Opinions which owns all rights, title and interest to the same. All other trade marks or service marks on the Service and in the Survey Task are the property of their respective owners including the Clients. The contents of the Service in its entirety are protected by international copyright and trade mark laws amongst other proprietary rights.

b) Users of the Service are prohibited from modifying, copying, republishing, uploading, posting, transmitting or creating derivative works of the material or content on or within the Service including text, graphics, code and software with the express written permission of Specialist Opinions.

c) Nothing in these Terms of Service grants any right or licence to use third party trade marks or any of Specialist Opinions’ trade marks, service marks, or logos, extending to include the company names of Specialist Opinions or its affiliates.

d) Specialist Opinions may aggregate and use Data derived from your use of the Service to operate, improve, analyse and support the Service, for distribution in general benchmarking data and industry reports, and for other lawful business purposes, provided that the data (i) is combined with similar data from Specialist Opinions’ other users, (ii) does not directly or indirectly identify any Client or Respondent and (iii) does not include any confidential information.

e) Specialist Opinions may solicit, and users or Respondents may provide to Specialist Opinions, suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the Service (excluding any confidential information contained therein, “Feedback”). Nothing in these Terms of Service will restrict Specialist Opinions’ right to use, profit from, disclose, publish, keep secret or otherwise exploit Feedback without compensating or crediting any Client or individual providing such Feedback.

8) Users Obligations

When you sign up for the Service, you agree to the following rules:

a) You will use the Service only for lawful purposes and agree to not use the Service in any way that will violate or infringe upon the use or rights of any other user of the Service or any third party;

b) Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service and via any Survey Tasks completed;

c) You will not, nor will you permit or authorise any third party to, (i) reverse engineer, decode, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service, (ii) copy, in whole or in part, the Service or any component thereof, (iii) modify, enhance, translate, combine with other programs, or create derivative works based on the Service (except to the extent expressly permitted by Specialist Opinions or authorized within the Service), (iv) sublicense, sell, rent, lease, transfer, distribute, or use the Service for timesharing or service bureau purposes, or (v) remove any proprietary notices or labels from the Service.

d) You represent and warrant to Specialist Opinions that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws;

e) You agree that each Invite you receive is specifically designated for you and should not be onward shared;

f) You will not upload, share, post, distribute or otherwise partake in any behaviour that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates law or Specialist Opinions’ rules or policies;

g) You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party;

h) You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service unless expressly authorized by Specialist Opinions in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity where the purpose is to obtain lists of users of the Service, portions of a database, or other lists or information from the Service, in any manner and any quantities not expressly authorized by Specialist Opinions in writing.

9) ‍Waiver of Liability.

a) You hereby release Specialist Opinions and its officers, directors, employees, agents, affiliates from any claims or damages of any kind or nature, relating to your participation in any Survey Task. Specialist Opinions disclaims all liability arising from any reliance placed on any information obtained by you from the Service. ‍

10) Limitation of Liability and Indemnity.

a) ‍In no event shall Specialist Opinions be liable to you or any third party for any indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the service or of any web site referenced or linked to from the service. ‍

b) In no event shall the total liability of Specialist Opinions to you for any and all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from your use of the Service exceed, in the aggregate, an amount equal to the incentives paid or payable to you during the immediately preceding three-month period. ‍

c) You agree to defend, indemnify, and hold Specialist Opinions harmless from and against any and all liabilities, claims, damages, costs, and expenses, including reasonable legal fees, that arise from or relate to any of the following:

i) Your use or misuse of the Service;

ii) Your violation of the Specialist Opinions Terms;

iii) Your violation of any relevant laws or regulations;

iv) Any misrepresentation made by you;

v) Any breach of any representation or warranty you have made to us; or

vi) any dispute with any third party in relation to the Service, including a Client.

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11) Specialist Opinions Rights and Obligations

Specialist Opinions reserves the following rights:

a) To make changes to the Service without notice or liability;

b) To terminate or suspend memberships, accounts, Incentives, or other affiliations with the Service at any time and for any reason;

c) To change our eligibility criteria at any time.

d) To cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with regulatory authorities in investigating suspected unlawful activity; and

e) ‍To remove a Respondent from the Service at any time, for any reason, with or without prior notice.

12) Links from the Service

The Service will contain a link to a third party Service platform to allow you to enter your details to receive your Incentive. Specialist Opinions has have no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

When Respondents access third party websites linked to the Service, they do do so entirely at their own risk and subject to the terms and conditions of use for such websites.

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13) Miscellaneous

a) These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including any dispute or claim relating to non-contractual obligations) will be governed by and construed in accordance with English law.

b) You agree to submit any dispute arising out of or in connection with the Agreement to the exclusive jurisdiction of the courts of England and Wales (including any dispute or claim relating to non-contractual obligations).

c) We control and operate our Service from England and we make no representations or warranties that the information or services provided through our Service are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Service in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Service to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.

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d) The Specialist Opinions Terms constitute the entire agreement between you and Specialist Opinions concerning the Service and the services provided by Specialist Opinions. Specialist Opinions may assign its rights and duties under the Specialist Opinions Terms to any party at any time, with or without notice to you. Most communication between Specialist Opinions and you will be sent and received electronically. You agree that all electronic communication between Specialist Opinions and you shall satisfy any legal requirements that such communications be in writing.

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e) Neither party is liable for any delay or failure to perform any obligation under these Terms of Service due to events beyond its reasonable control, such as a strike, blockade, war, pandemic, act of terrorism, riot, communications or utility failures or natural disaster (each a “Force Majeure Event”). Upon prompt written notice to the other party of a Force Majeure Event, the non-performing party will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues and such party continues to use commercially reasonable efforts to resume performance.

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