The https://hk.yougov.com/ website (the "Website") is owned, operated and provided by YouGov Plc (a company registered in England and Wales with company number 03607311 whose registered office is at 50 Featherstone Street, London, EC1Y 8RT, United Kingdom) and its group companies including Consilium Ltd (a company registered in Hong Kong with company number 1307830 whose registered office is at 801 & 802 Western Centre, 46-50 Des Voeux Road West, Sheung Wan, Hong Kong) (hereafter collectively referred to as "YouGov", “we” or “us”).
Use of the Website and any YouGov extranet sites to which you may be directed (together the "YouGov WebPages") and membership of all panels set up and administered by YouGov (the "YouGov Panels") or participation in any other YouGov research activities ("YouGov Activities") is governed by these terms and conditions of use (the "Terms").
1. Acknowledgement and Acceptance
1.2. YouGov reserves the right at any time and from time to time, to modify or amend these Terms or any part thereof, without reasonable notice to you. Your continued use of the YouGov WebPages or continued participation in the YouGov Panels or the YouGov Activities constitute an affirmative acknowledgement of any modification and your continued agreement to be bound by the modified Terms.
2. Terms of Participation
2.1. YouGov Member Registration Process
2.1.1. To become a Member and to participate in a YouGov Panel, you need to register with YouGov and create a Panel Membership Profile following the registration process set out below (the "YouGov Registration Process").
2.1.2. Prospective Members must complete a YouGov registration form each time they wish to join a YouGov Panel. Registration forms include:
126.96.36.199. The form available on the Website, but may also include permission-based registration forms hosted on third party websites;
188.8.131.52. Registration forms hosted by YouGov and accessed via third party websites; or
184.108.40.206. Registration forms accessed via links in an email sent to you by a third party or by YouGov where you have granted permission to receive such emails from these sources.
2.1.3. The registration form may include any number of questions or may be limited solely to the expression of assent to join the YouGov Panel.
2.1.4. During each YouGov Registration Process prospective Members will be notified of any terms in addition to these Terms which shall apply to membership of the respective YouGov Panel.
2.1.5. You have to be 18 years or older to join the panel.
2.2. Undertaking regarding information provided
2.2.1. In consideration of YouGov granting you access to the WebPages and/or the ability to participate in a YouGov Panel or YouGov Activity, you agree to:
220.127.116.11. Provide true, accurate, current and complete information about yourself as prompted by the YouGov Registration Process;
18.104.22.168. Maintain and promptly update your personal membership details including the Panel Membership Profile (defined below) so as to keep it true, accurate, current and complete; and
22.214.171.124. Provide true, accurate, current and complete information about yourself as prompted by YouGov whilst participating in a YouGov Panel or YouGov Activity.
2.2.2. If you provide any information that is untrue, inaccurate, not current or incomplete, or YouGov has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YouGov has the right to suspend or terminate your current access to, use of, and/or participation in YouGov Panels or YouGov Activities. This is subject to your right to refuse to answer any Panels or YouGov survey or information request.
2.3. Your Panel Membership Profile and YouGov Account
2.3.1. Upon completing the YouGov Registration Process, Members will be provided with a profile ("Panel Membership Profile") and an account ("YouGov Account") for those YouGov Panels and YouGov Activities (related to a particular YouGov Panel) for which Credit (as defined below) is awarded.
2.3.2. Only one Panel Membership Profile is permitted per Member for each YouGov Panel and only one YouGov Account is permitted per Member for each YouGov Panel for which Credit is awarded. Any Member found to have multiple Panel Membership Profiles and/or YouGov Accounts may have secondary Panel Membership Profiles and/or YouGov Accounts deleted. Credit accrued in secondary YouGov Accounts may not be transferred. YouGov may demand proof of identity in the event of a dispute.
2.3.3. A unique email address must be used by each Member. (For example, this means that family members may not each have an account using a shared email address but must each have a separate account with a separate email address.)
2.3.4. Each Panel Membership Profile and YouGov Account must only be accessed by an individual Member, and may not be accessed by any other individual without the express permission and authorisation of YouGov. You agree to notify YouGov immediately you become aware of, or suspect any unauthorised use of your login information, Panel Membership Profile and/or YouGov Account, or any other breach of security.
2.3.5. In the event of access to your YouGov Account by another individual, YouGov reserves the right to freeze the account until a resolution has been reached. YouGov reserves the right to reclaim any incentive earned by access of the unauthorised user, for which the Member will have no recourse against YouGov.
2.3.6. Members may accrue credits for their YouGov Account ("Credit") in the prescribed manner detailed on the YouGov WebPages, including for completing the YouGov Registration Process and for participating in YouGov Panels and related YouGov Activities for which Credit is awarded. The amount of Credit accrued for participation in a YouGov Panel or related YouGov Activity will be notified to Members via authorised communications.
2.3.7. Unless otherwise specifically notified, Credit can only be earned through following all and any instructions regarding earning Credit. A Member's failure to correctly follow any required instructions or procedures may result in no Credit being earned, for which the Member will have no recourse against YouGov.
2.3.8. Credit earned will be recorded in your YouGov Account, however no Credit earned is ever available for redemption until the Member has (subject to paragraph 2.3.9 below) reached the specified fulfilment level notified to the Member when completing the respective YouGov Registration Process.
2.3.9. YouGov reserves the right to change the range of YouGov Activities and YouGov Panels or related YouGov Activities through which Credit may be accrued and to vary the frequency of invitation to such activities and panels. YouGov also reserves the right to alter the level of Credit required before such Credit can be redeemed.
2.3.10. Credit may not be transferred to other YouGov Accounts nor pooled together in any manner and the sale or barter of Credit is strictly prohibited. Credit has no monetary value, and cannot be used for any purpose other than redeeming the designated reward.
2.3.11. YouGov may from time to time adjust a Member's YouGov Account upwards or downwards in response to errors which Members acknowledge may arise or suspected fraud, for which we have full authority.
2.3.12. YouGov reserves the right to terminate any YouGov Account that has been dormant for a period of 6 months or more. By ‘dormant’ we mean, where the Member has not participated in the relevant YouGov Panel or related YouGov Activity within the preceding 6 month period. YouGov will attempt to contact the Member, via their nominated email address, if their YouGov Account is at risk of termination through inactivity. In the absence of a satisfactory response, the YouGov Account will be terminated, and any accrued Credit will be forfeited.
3. Prize polls
3.1. YouGov may ask you to participate in YouGov Activities which will enter you into a prize draw. Such draws will be governed by the respective terms and conditions specified and displayed for each prize draw.
4. Referral Links
4.1. You may be able to earn extra Credit by referring friends and family to the YouGov panel, provided they join using your unique Referral Link. The conditions attached to the awarding of such extra Credit are explained in the Account section of the website. When referring new panel members, you agree to not pose as or claim to represent YouGov and you will not attempt to mislead or deceive prospective members into using your Referral Link to join. You agree to clear to any prospective members you refer that they will be using your unique Referral Link and that you will receive Credit if they join the YouGov panel via your Referral Link.
5. User Content
5.1. Use of the YouGov WebPages and participation in YouGov Activities or YouGov Panels may allow you to interact with, or submit content to, the YouGov WebPages which may be visible to other users of the YouGov WebPages ("User Content").
5.2. You acknowledge that User Content provided by you is your sole responsibility. This means that you, and not YouGov, are entirely responsible for all User Content you upload, post, link to, email or otherwise transmit via your use of the YouGov WebPages or your participation in any of the YouGov Activities or YouGov Panels.
5.3. YouGov does not control or pre-screen the User Content posted on the WebPages and does not guarantee the accuracy, integrity or quality of such User Content, and therefore assumes no liability in respect of the User Content.
5.4. You understand that by using the YouGov WebPages, you may be exposed to User Content, and you agree that you must evaluate, and bear, all risks associated with the use of any User Content, including any reliance on its accuracy, completeness, or usefulness. Notwithstanding the foregoing YouGov shall have the right in their sole discretion to refuse, edit, move or remove any such User Content, whether or not it violates these Terms.
5.5. With respect to all User Content you elect to transmit to the YouGov WebPages, you grant YouGov the royalty-free, perpetual, irrevocable, non-exclusive licence (with the right to sublicense) to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, perform and display such User Content (in whole or part) throughout the world and / or to incorporate it in other works in any form, media or technology now known or later developed, for any purposes.
5.6. In the course of using the YouGov WebPages and / or participating in YouGov Activities or YouGov Panels, you agree not to:
5.6.1. Upload, post, link to, email or otherwise transmit any information that is unlawful in any way in the United Kingdom, Hong Kong, or in the country in which you reside;
5.6.2. Impersonate any person (whether living or dead) or entity;
5.6.3. Forge headers or otherwise manipulate identities in order to disguise the origin of any content transmitted through the YouGov WebPages or provided through participation in YouGov Activities or YouGov Panels;
5.6.4. Upload, post, link to, or otherwise transmit any information that you do not have a right to transmit;
5.6.5. Upload, post, link to, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "chain letters", "phishing emails", "pyramid schemes", or any other form of solicitation;
5.6.6. Upload, post, link to, email or otherwise transmit any material that contains software viruses or any other computer, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5.6.7. Collect or store personal data about other individuals; or
5.6.8. Attempt to submit more than one vote per survey or do any other act that may affect the validity of any result obtained through any YouGov Activity or YouGov Panel.
6.1. If you no longer wish to be a Member please contact YouGov. YouGov will then cease to contact you, subject to a 30-day administration period. You therefore acknowledge and agree that if you terminate your membership you may receive emails from YouGov for a period of 30 days thereafter. In terminating membership, any accumulated Credit will be forfeited.
6.2. You agree that YouGov, in its sole discretion, may terminate or suspend your YouGov Membership, or participation in any YouGov Activities or YouGov Panels, or remove or discard any User Content, for any reason, including, without limitation, for lack of use, or if YouGov believed that you have violated or acted inconsistently with the letter or spirit of these Terms.
6.3. You agree that any termination of your access to YouGov Activities or YouGov Panels under any provision of these Terms may be effected without notice, and acknowledge and agree that YouGov may immediately deactivate your registration as a Member and/or bar access to YouGov Activities and YouGov Panels. Further, you agree that YouGov shall not be liable to you or any third-party for any termination of your access to the YouGov Activities or YouGov Panels.
6.4. YouGov reserves the right to terminate the YouGov Panel, or YouGov WebPages at any time. In such a case and unless specified otherwise, no YouGov Account Credit will be redeemable by any members with the exception of those who have reached fulfilment level referred to in section 3.3.8 above. YouGov will endeavour to communicate to all Members the termination period, however YouGov will not be liable for failure to notify any Member regardless of the reasons.
7.1. You hereby agree to indemnify and keep indemnified YouGov, its successors and assignees and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of the YouGov WebPages (including the provision of User Content) or your participation in the YouGov Activities or YouGov Panels or resulting from any breach of this Agreement whether such breach is carried out by you or by any other person through your Panel Membership Profile or YouGov Account.
8. Third Party Websites
8.1. Links included within the YouGov WebPages may let you leave the YouGov WebPages and enter into other website(s) ("Linked Site(s)"). The Linked Sites are not under the control of YouGov and YouGov is not responsibility and nor shall it be liable for the contents of any Linked Sites or any links contained in a linked site or any changes or updates to such sites. YouGov is not responsible for webcasting or any other form of transmission received from any Linked Site. YouGov is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by YouGov of the site or any association with their operators.
9. Intellectual Property
9.1. All pages and content within the YouGov WebPages, including, but not limited to, text, graphics, audio, video, photographs, software, inventions, surveys, logos or other materials (“Materials”) are the intellectual property of, or are authorised for use by, YouGov and its licensors, business partners and affiliates, including all trade marks, service marks, copyrights, patents, database rights and trade secrets contained therein. The compilation, organisation and display of the content as well as all software and inventions used on and in connection with the YouGov WebPages are the exclusive property of YouGov. Except as expressly permitted in these terms and conditions, you may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, distribute or use in any way content available on this site without the prior written consent of YouGov.
10.1. All notices given by YouGov to Members will be sent to their designated email address provided by them during the YouGov Registration Process.
10.3. A waiver by YouGov of any breach by you of any of the provisions of these Terms or the acquiescence of YouGov to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such provision or of any subsequent act contrary thereto.
10.4. A person who is not a party to these Terms shall have no right under these Terms. For the avoidance of doubt, any legislation in any relevant jurisdiction giving rights to third parties is hereby excluded.
10.5. These Terms shall be governed by the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English courts.
11.1 These Terms have been drafted in the English language. In the event of any inconsistency between the English version of these Terms and any translation thereof, the English version shall prevail.
Effective: June 1st 2016