Terms and Conditions
1.1 The following website, futurebusiness.epanelmanager.com ("Website"), is owned and operated by Maru/edr Ltd. ("Maru/edr"). Maru/edr has been retained by Barclays Bank PLC (also trading in the UK as Barclaycard), Barclays' research contribution panel ("Panel") via the Website, including those that provide contributions ("Contributions") as members of the Panel ("Panel Members").
1.2 Maru/edr is a private company registered in England with registration number 05424597 whose registered address is Unit 8 Berrywood Business Village, Tollbar Way, Hedge End, Hampshire SO30 2UN. Barclays is a public company registered in England with registration number 01026167 whose registered address is 1 Churchill Place, Canary Wharf, London E14 5HP. Barclays Bank PLC is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Financial Services Register number: 122702).
1.3 References to "we", "us" and "our" below shall be a reference to both Maru/edr and Barclays, and references to "your" and "you" below shall be a reference to each Panel Member.
1.4 Please read these website terms and conditions ("Website Terms") carefully before you use the Website or agree to register as a Panel Member. By registering as a Panel Member and/or using the Website, you accept and agree to comply with these Website Terms.
1.5 We reserve the right to vary these Website Terms at any time without notice and for any reason. Any such changes will be effective when posted on the Website and presented to you, and it is your responsibility to ensure that you have read and understood such changes to the Website Terms. Your use of the Website and/or continued Contribution to the Panel following any such changes shall constitute your acceptance of the revised Website Terms.
1.7 If you have any queries or requests for further information, you may contact us at:
1.7.1 Email: email@example.com
1.7.2 Telephone: +44 (0) 1489 772920
1.7.3 Address: Unit 8 Berrywood Business Village, Tollbar Way, Hedge End, Hampshire SO30 2UN
2. REGISTRATION, ACCESS AND USE
2.1 In order to access the Website and be a Panel Member, you must first complete the registration process which will follow your acceptance of these Website Terms ("Registration").
2.2 You must be at least 18 years of age in order to complete Registration.
2.4 If Your Information changes following Registration, you shall notify us immediately and provide us with details of the changes to Your Information.
2.5 As part of your Registration, you will be provided with username and password details ("Login") which you will be required to input on each subsequent occasion that you access your account on the Website ("Account"). We have strict security and confidentiality procedures covering the storage and disclosure of your Login, and your use of your Account.
2.6 You must keep your Login secure and not disclose it to any unauthorised third party whom you do not wish to access your Account. We shall not be liable for any loss or damage which may arise as a result of any failure by you to keep your Login secure. If you have any concerns regarding the security of your Login or Account, or become aware of any misuse of your Login or Account, then you must notify us immediately.
2.7 The Login entered when accessing your Account is the only method of identification Maru/edr has in respect of any activities being carried out on your Account. As such, you shall be responsible and solely liable for any activities that occur in relation to the use of your Account.
2.8 You shall be responsible for making all arrangements necessary in order to ensure access to the Website (including, without limitation, arranging for appropriate hardware, software and network connections to enable you to access the Website).
2.9 We reserve the right to terminate, discontinue, suspend or amend your Account or any services (whether in part or in full) provided on the Website at any time without notice and for any reason. In such event, you must, at our option, return or destroy any copies of any materials taken from the Website which you are in control of or which are in your possession.
2.10 You expressly warrant that you will not:
2.10.1 use the Website to make or post defamatory, derogatory, offensive, indecent or inappropriate statements or content (including, without limitation, any statement or content which is racist, homophobic, sexist, or demeaning to either sex, abusive, sexually explicit, pornographic, of a disturbing nature or that preaches, encourages or incites religious or ethnic hatred, or links to websites that promote the same);
2.10.2 reveal another Panel Member's or any third party's personal details, such as their surname, address, contact numbers, email address or other identifying information;
2.10.3 use swear words in order to offend others, or engage in any behaviour that may be deemed rude or "mean spirited" or attempt to circumvent profanity filters in order to use swear words;
2.10.4 promote commercial products or enterprises or repeatedly post links to promote other sites and/or services;
2.10.5 use the Website in any way that breaches any applicable local, national or international law or regulation;
2.10.6 use the Website in any way that is fraudulent, or has any fraudulent purpose or effect;
2.10.7 introduce or transmit data, or send or upload any material that contains viruses, denial-of-service attacks, Trojan horses, worms, time-bombs, or other harmful material or similar computer code or technologically harmful material designed to adversely affect the operation of any computer software or hardware ("Viruses");
2.10.8 infringe any of our, or any third parties', intellectual property;
2.10.9 modify, copy, produce, distribute, publish, download, display, post, transmit, create any derivative works or take any similar action, in any form or by any means, of any of the content provided on the Website without our prior express written consent. If you wish to make a request for consent, please email us at the above specified email address;
2.10.10 modify the copies of any content you have printed from the Website in any way, and not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
2.10.11 distribute, display or copy any of the content provided on the Website to unauthorised third parties. This includes, without limitation, "caching" and "mirroring" any content provided on this Website;
2.10.12 interfere with, damage or disrupt any part of the Website or any equipment or network on which the Website is operated; or
2.10.13 interfere with, damage or disrupt the enjoyment or use of the Website by any third party or any equipment, network or software owned or used by any third party.
2.10.14 Any contribution by you shall be accurate where it states facts, shall be genuinely held where it states an opinion and will comply with all applicable laws.
2.11 If you breach any of the warranties in clause 2.10, we have the right to remove you from the Panel and/or terminate or suspend your Account. You may be required to indemnify us and hold us, our officers, directors, employees, agents and suppliers harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses arising out of the breach of these Website Terms by you and/or any other liabilities arising out of your access to and use of the Website.
2.12 We do not review any submissions before they are posted on the Website. As such, in the unlikely event that another Panel Member posts something on the Website that violates these rules or which you find offensive please report this to the above specified email address, providing as much information as possible to allow us to make an informed decision on the abuse. We rely on the users to help keep the Website clean and friendly. If you report an abuse, this will flag the post for our direct review. If we consider the submission to be a violation of these Website Terms then the submission will be removed and we will follow up with the Panel Member accordingly. If it is not deemed to be a violation, the submission will remain on the Website. We also reserve the right to remove from the Website, without notice and at our sole discretion, any content that we consider inappropriate for the Website.
2.13 By breaching clause 2.10 above, you may be committing a criminal offence under applicable electronic offences legislation. In such circumstances:
2.13.1 we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your Information; and
2.13.2 we reserve the right to immediately and without notice terminate, suspend or amend your Account or initiate legal proceedings or any other action we deem as applicable in our sole discretion. In such event, you must, at our option, return or destroy any copies of any materials taken from the Website which you are in control of or which are in your possession.
2.14 As a Panel Member, you may receive invitations from Maru/edr to participate in surveys and other research activities ("Research"). Your participation in all and any Research is voluntary and you may cease to be a Panel Member at any time. You may unsubscribe from the Panel by visiting the Website or using the unsubscribe option in any invitations sent to you by Maru/edr.
3. INTELLECTUAL PROPERTY
3.1 Unless otherwise specified, all patents, copyrights, design rights, trademarks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world in the Website and in the content provided on the Website are owned by or licensed to Barclays ("Intellectual Property"). Except as expressly set out in these Website Terms, you shall have no rights whatsoever over such Intellectual Property.
3.2 You shall not use any Intellectual Property without the prior express written consent of Barclays. In the event that such consent is provided, you shall not use any Intellectual Property in connection with any product or service or in any manner that is likely to cause confusion or in any manner that discredits Barclays.
3.3 Any Contributions you make will be considered non-confidential and non-proprietary. By submitting any contribution to the Website you hereby agree to waive all your moral rights in such contributions and grant to Barclays:
3.3.1 a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights throughout the world with respect to such Contributions; and/or
3.3.2 the right to incorporate such Contributions in other works in any media now known or later developed for the full term of any rights that may exist in such Contributions.
4.1 As set out above, this Panel is being organised by Maru/edr on behalf of Barclays. All research is carried out by Maru/edr in accordance with the Market Research Society Code of Conduct.
4.2 By becoming a Panel Member, you agree that we shall be entitled to use Your Information in order to:
4.2.1 provide feedback for Research to enable us to assess our performance and to improve our products and services;
4.2.2 inform Barclays of development in products and services;
4.2.3 enable us to communicate with you about Research we are launching; and/or
4.2.4 enable us to provide to you details of promotions in connection with the Panel and to notify you of any prizes which you have won.
5.1 Any incentives and prize draws will be administered solely by Maru/edr in accordance with the Market Research Society Code of Conduct.
5.2 There will occasionally be the chance to win prizes from Barclays and this will be on an ad hoc basis. You will be notified of the conditions of these competitions as and when the competition takes place.
Our Website and Content
6.1 While we will endeavour to make the Website available 24 hours per day, we do not warrant or guarantee that the Website shall be available at all times. We shall have no liability if, for any reason, this Website is unavailable at any time or for any period.
6.2 The Website and its content is provided on an "as is" basis. It is your responsibility to verify the accuracy of such content and we shall not be liable for loss or damage caused by any inaccurate, unreliable or incomplete content on the Website.
6.3 While we take reasonable precautions against Viruses, we shall have no liability for any loss or damage caused by any Viruses. It is your responsibility to ensure you operate suitable Virus protection software.
6.4 While we operate strict security and confidentiality procedures covering the storage and disclosure of your Login and your use of your Account, we do not warrant or guarantee that the network connections used to access the Website (including, without limitation, the Internet) are secure forms of communication. We shall have no liability for the visibility of your use of your Account, or for the interception or use of any information provided in connection with your use of your Account (including, without limitation, your Login) by any third party.
6.5 We hereby expressly exclude all representations, conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity including, without limitation, conditions or other terms of satisfactory quality, fitness for a particular purpose and reasonable care and skill.
6.6 The Website and its content is provided for information purposes only. We, by permitting access to the Website and use of its content, do not hold ourselves out as providing any legal, financial or other advice. If you rely on the Website or its content in making (or refraining from making) any decisions, or taking (or refraining from taking) any actions, you do so entirely at your own risk.
Third Party Websites or Content
6.7 We shall not be liable for any information provided by any third party for use on the Website (including, without limitation, any Contribution by any other Panel Member). You rely on third party information entirely at your own risk.
6.8 The Website may contain links to other websites and resources which are not under the control of, and are not maintained by, us. We do not provide any warranties or guarantees in respect of such websites and resources and shall not be liable for the availability, content or security of, or for any products or services available from, such websites or resources. You visit any external websites via links from the Website entirely at your own risk.
6.9 If you transact through any external website with a third party, such transactions shall be, and any rights and obligations shall arise, solely between you and that third party.
7.1 Nothing in these Website Terms shall exclude or restrict either our or your liability in respect of:
7.1.1 death or personal injury;
7.1.2 fraud or fraudulent misrepresentation; or
7.1.3 any other liability that cannot be lawfully excluded.
7.2 Subject to clause 7.1, in no event shall we have any liability for any direct, indirect, special, incidental, punitive, exemplary or consequential loss or damage incurred by you in connection with the Website, including, without limitation, any liability for:
7.2.1 loss of income or revenue;
7.2.2 loss of business;
7.2.3 loss of profits or contracts;
7.2.4 business interruption;
7.2.5 loss of use of money or anticipated savings;
7.2.6 loss of, damage to, or corruption of data;
7.2.7 loss of opportunity, goodwill or reputation;
7.2.8 loss of information;
7.2.9 wasted expenditure; and
7.2.10 for any other loss or damage of any kind, however arising and whether in contract, negligence, tort, statute or otherwise.
7.3 Subject to clause 7.1 and 7.2, and to the extent our liability is not otherwise excluded under these Website Terms, Barclays and/or Maru/edr's maximum liability to you, whether in contract, negligence, tort, statute or otherwise, arising in connection with the Website shall be limited to £250.
8.1 Nothing in these Website Terms is intended to create, or shall be deemed to create, a partnership, joint venture or legal relationship of any kind between you and us that would impose liability upon us for any of your acts or omissions.
8.2 These Website Terms contain the whole agreement between you and us in respect of its subject matter and supersedes and replaces any prior agreements, representations, warranties, statements or understandings (in each case, whether written or oral) between you and us relating to such subject matter.
8.3 You confirm that you have not relied upon (and shall have no remedy in respect of) any agreement, warranty, statement, representation or understanding made by us or any third party unless expressly set out in these Website Terms.
8.4 Nothing in these Website Terms shall restrict or exclude any liability for fraud or fraudulent misrepresentation.
8.5 If any court or competent authority finds that any provision of these Website Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Website Terms shall not be affected.
8.6 If any invalid, unenforceable or illegal provision of these Website Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable and to the greatest extent possible, achieves our original commercial intention.
8.7 No failure or delay by us to exercise any right or remedy provided under these Website Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
8.8 You shall not assign, novate or otherwise deal with any of your rights or obligations under these Website Terms, or sub-contract the performance of any of your obligations under these Website Terms without our express prior written consent.
8.9 Any notice required to be given under these Website Terms to you shall be in writing and sent to the contact information you provide as part of Registration. Any notice required to be given under these Website Terms to us must be in writing and sent to our email address or address as specified in clause 1.7.
8.10 Save for as expressly set out in these Website Terms, no third party shall acquire any rights under these Website Terms and the provisions of any act purporting to provide rights to third parties are excluded.
8.11 These Website Terms, and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims), shall be governed by English law and subject to the exclusive jurisdiction of the English courts.