Terms & Conditions

Last updated [19/10/09]

Terms and Conditions for Use of the Website and Membership

General Terms and Conditions

By accessing the Website, creating a ScotPoll/OnePoll Account and/or participating in any of its online Surveys or other activities, you are confirming your acceptance of these Terms and conditions.

We reserve the right, at our sole discretion, to alter, change, modify, add or delete portions of these Terms and Conditions and/or the Website at any time without notifying you in advance.

If we do so in respect of the Terms and Conditions we will detail the changes made on this page giving the date the Terms and Conditions were last revised.

If you continue to use the Website after any such changes you will be deemed to have accepted the new version of the Terms and Conditions.

It is your responsibility to regularly check the Website to determine if there have been changes to the Terms and Conditions and to review such changes.

Note : Separate terms and conditions may apply to certain Surveys and services available through the Website.

Definitions – In these terms and conditions the following definitions apply:

  1. “Account” means the ScotPoll user account.
  2. “Credit” means a monetary award.
  3. “Fulfilment Level” means the current minimum redemption level which a Member’s Account must reach before the Member can redeem a Credit or Prize (as set out on the Website).
  4. “Incentives” means the non-transferable Credits or Prizes.
  5. “Member” means an individual who creates an Account.
  6. “OnePoll” means OnePoll which is a trading name of 72 Point Limited (company number 4092908), VAT registration number 771087422, whose registered office is at The Media Centre, Abbeywood Business Park, Emma-Chris Way, Filton, Bristol BS34 7JU. Telephone number 01179 066555 and email address info@onepoll.com.
  7. “Prize” means a product or cash equivalent with a value ranging from £1 to £1,000 (to be determined by ScotPoll acting in its sole discretion).
  8. “Surveys” means the online surveys and research activities found on the Website.
  9. “We”, “Us” or “Our” means ScotPoll.
  10. “Website” means the website found at www.scotpoll.com which is owned and operated by OnePoll.
  11. “Website User” means those persons accessing the Website.
  12. “You” or “Your” means the Member and/or Website User

Registering with ScotPoll/Creating an Account & Creation of a Contract

  1. To become a Member and to participate in the Surveys, you must create an Account. You can do this by completing the online registration form found at www.onepoll.com/sign-up/scotpoll on the Website. Accounts are non-transferable and only one Account may be held per person. The ScotPoll/OnePoll registration form requires you to enter personal details, including without limitation your name, email address and telephone number. By entering your personal details and completing the Surveys, you warrant that the information you provide to us is true, accurate, current and complete at the time of registration. You agree that you will update your information if any changes occur and confirm that you accept our Privacy Policy which can be found at www.onepoll.com/privacy.
  2. The offer of ScotPoll to provide the Surveys and your completion of the Surveys shall create a legally binding contract between us. However, there is no obligation upon you to participate in any Surveys and there is no obligation upon us to provide Surveys and/or Credits, Prizes or Incentives.
  3. You warrant that you are aged 16 or over. If you are under 16 you warrant that you have parent or legal guardian consent to use the Website and/or create an Account and participate in the Surveys. OnePoll reserves the right to request written confirmation (or such other confirmation as OnePoll deem fit) from your parent or legal guardian of their consent to your use of the Website and/or create an Account and participate in the Surveys. If such confirmation is not provided in a form satisfactory to OnePoll your Account may be immediately terminated. Note, Subscribers under the age of 18 may not be eligible for participation into some Surveys. OnePoll may, at the point of registration or any time thereafter, require proof of identity of a Member. Failure to provide the required proof of identity shall result in the Account being immediately terminated by OnePoll.
  4. The email address you provide must be personal to you and must not be shared with a third party. You shall not register to the Website more than once to create an Account.
  5. You agree that you shall only use the Website in accordance with these Terms and Conditions and all applicable laws.
  6. If you submit any comments on any Survey or the Website or our services we are entitled but not obliged to publish those comments. If we do publish such comments on the Website we will identify you by name and location in relation to those comments.
  7. You will at all times and on demand fully indemnify us and keep us fully indemnified from and against any claims (threatened or made against us) or loss arising as a direct or indirect result of your non-compliance with these Terms and Conditions.

Security

  1. Upon registering with ScotPoll, you will select a password which must be used in order to access your Account. You shall be responsible for the use of your Account and for any activity which takes place on the Account. You should therefore ensure that your Account log-in details (including your user name and password) are kept confidential at all times. Do not disclose these details to any third party (knowingly or unknowingly) nor permit any third party to access your Account without the express permission of ScotPoll. You agree that you shall immediately inform ScotPoll of any actual or suspected unauthorised use of your Account or any other breach of security of which you become aware.
  2. You are responsible for any information provided to ScotPoll by anyone using your Account log-in details. In the event that any third party accesses your Account, ScotPoll shall be entitled to retain or reclaim any Credit or Prize earned as a result of such access by the unauthorised user.
  3. You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.

Credits and Incentives

  1. When you complete a Survey in full, you may be entitled to claim such Incentive (if any) as is stated on the Website in connection with the relevant Survey. Incentives may be in the form of a Credit, the opportunity to win a Prize via a prize draw, or both (as ScotPoll shall determine acting in its sole discretion). For the avoidance of doubt, there is no obligation on ScotPoll to provide any Incentive in relation to any Survey.
  2. Any Credit earned by you will be recorded on your Account. No Credit may be redeemed until the total level of Credit accrued on your Account reaches the Fulfilment Level.
  3. Within a reasonable time of reaching the Fulfilment Level, ScotPoll will issue a cheque for the appropriate amount of Credit, addressed and posted to the current contact name and address provided by you. ScotPoll will not be liable for the inability of any Member to redeem a Credit cheque that results from inaccuracies in personal data provided by that Member upon registering and/or by subsequent updates.
  4. You shall not be eligible to receive a Credit or other Incentive until you have fulfilled the full participation requirements of the relevant Survey, as notified to you via the Website upon entering the relevant Survey. Where non-monetary Incentives are offered, no cash alternative is available.

Prize Draws

  1. ScotPoll may enter you into a prize draw as part or full incentive for your participation in a Survey. Terms and conditions applicable to Incentives and prize draws are set out below. Any prize draw entered into will be subject to “Survey specific” terms and conditions (stating, for example, closing date for entry), in addition to these Terms and Conditions, which shall be displayed on the Website at the point of participation.

Website Access and Content

  1. We will use reasonable endeavours to make the Website available to you. However, you acknowledge and accept that by its nature internet based technology is insecure and uninterrupted service cannot be guaranteed. You further acknowledge and accept that from time to time it will be necessary for us to carry out necessary maintenance in respect of the Website resulting in occasional periods of downtime. Although we will use reasonable endeavours to minimise such downtime periods we make no representations or warranties to you in respect of the availability of the Website and/or Surveys.
  2. The information provided by us on the Website or contained in our Surveys is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice.
  3. We assume no responsibility in respect of and make no warranties, representations or undertakings about the contents of any other websites to which the Website has links to or makes reference to or websites of advertisers advertising on the Website or which are the subject of our Surveys. We do not endorse or approve the content of such third party websites.

Complaints

  1. If you experience problems in respect of the Website and/or Surveys you should refer your complaint to hello@scotpoll.com who will use reasonable endeavours to resolve the problem as soon as possible.

Intellectual Property

  1. In consideration of agreeing to your use of the Website, you acknowledge that ownership in any intellectual property rights in the Website (including but not limited to the material contained in the Website, together with the Website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets)) belongs to OnePoll, its group of companies or the providers of such information. All rights are reserved. Accordingly, no part of the Website (or its source code) may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising the Website meaning that you may download or print a single copy for your own non-commercial off-line viewing.
  2. “OnePoll” is a trademark of 72 Point Limited. Other product and company names mentioned on this Website may be the trademarks or registered trademarks of their respective owners.
  3. You shall retain ownership of all copyright in data you submit to the Website. Subject to the terms of our Privacy Policy, you grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner as we may in our sole discretion deem fit.

Limitation of Liability

  1. Insofar as the law allows, ScotPoll and OnePoll shall not be liable, under contract, tort or otherwise, for any loss whatsoever (including but not limited to loss of opportunity or data), damage, injury, costs or expenses of any kind arising from your use of the Website and/or the Surveys, including but not limited to direct, indirect, consequential, special and incidental damages. You agree that this limitation of liability is reasonable in all the circumstances.

Use of Your Data and Privacy Policy

  1. The Data Protection Act 1998 is designed to protect individuals about whom information is entered and stored on computers and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about individuals you include in the Surveys or any message to us will be subject to the Data Protection Act 1998. You are therefore responsible for its accuracy and relevance. You must have the authority to disclose it and for us to utilise it for the purposes of any transaction concluded for or by you through the Website. If you are in doubt about any data please feel free to email Anne Heald at anne@swns.com (our Data Controller) with details of the problem first.
  2. We will collate the information which you give to us in the online registration form to provide you with the Website and Surveys. By giving us this information, you consent to our use of it in order to process your registration and/or Survey answers and provide the Website and Surveys. It will be necessary to forward your data to certain third parties in order for us to provide the Website and Surveys and by accepting these Terms and Conditions you are giving us your approval to forward your data to such third parties as we deem necessary in order for us to do so. If you notify us in writing that you do not wish to receive further correspondence from us then we shall ensure that we do not do so but we cannot guarantee that third parties to whom your data is sent will not do so. It is your responsibility to advise them directly if you wish to stop any such emailing activity.
  3. Please click on www.onepoll.com/privacy to view our full Privacy Policy.

Termination

  1. We reserve the right to permanently take down the Website and withdraw the Surveys upon providing you with five (5) days notice.
  2. We may terminate your Account (in whole or in part) immediately if you are in breach of any of these Terms and Conditions.
  3. If you wish to terminate your account with ScotPoll and OnePoll please send an email to hello@scotpoll.com. You may continue to receive emails from ScotPoll for a short period of time following termination although OnePoll will take reasonable steps to ensure these are discontinued. OnePoll shall bear no liability to you in respect of any loss or damage that you may suffer as a result of the termination of your Account.
  4. All disclaimers, indemnities and exclusions in these Terms and Conditions shall survive termination of the agreement between us for any reason.

General

  1. We shall not be liable for any delay or failure in providing the Website and/or Surveys which results directly or indirectly from acts of God, acts of nature, forces or causes beyond our reasonable control including but not limited to technology failures, power failures, strikes, labour disputes, riots, terrorism, insurrections, civil disturbances, vandalism, fires, floods, storms, explosions, war, governmental actions or orders of court.
  2. If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
  3. Any reference to the singular includes the plural and vice versa and reference to a gender includes the other genders unless the context requires otherwise. Reference to a “person” includes any individual, firm, unincorporated association or body corporate.
  4. The headings in these Terms and Conditions are for convenience only and shall not effect its interpretation.
  5. A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term hereunder. This clause does not affect any right or remedy of any person who exists or is available otherwise than pursuant to that Act.
  6. These Terms and Conditions shall be governed by and construed in accordance with English law. The parties submit to the exclusive jurisdiction of the English courts.

Terms and Conditions for Incentives including Member Credits and Prize Draws

Eligibility

  1. 1. Any Survey is open to individuals who are registered with OnePoll, subject to any restrictions in relation to any particular Survey as notified to you on the Website and you agree to comply with any such restrictions. Employees of 72 Point Limited or SWNS or any affiliate, parent or subsidiary companies are not permitted to enter.
  2. 2. OnePoll reserves the right to reject as invalid any entry which it reasonably believes not to be bona fide or in compliance with these terms and conditions. In relation to Prize Draws notwithstanding that the winner has been declared, if OnePoll discovers that for any reason the winner should have been ineligible to enter, OnePoll reserves the right to determine that the winner is disqualified.

Mode of entry and closing date

  1. The closing date for entry is as notified to you on the Website and entries received after this date will not be considered. OnePoll reserves the right to extend the entry period by putting notification of any revised date on the OnePoll Website.
  2. Entry to any Survey must be made by completing the appropriate Survey in full. Entries should be submitted to OnePoll via the OnePoll Website.
  3. No purchase necessary.
  4. Entries are restricted to one per person, and entries on behalf of a third party are not acceptable (save in the event of assistance to you in relation to a disability).
  5. Any entry which is illegible, incomplete, or which is not submitted in the manner set out in these rules may be deemed invalid at the sole discretion of OnePoll and may be rejected.
  6. Where a Credit is awarded it will be shown in your Account and you will not be separately notified. Any monetary prizes or Credits will always be paid in pounds Sterling.

Prize Draws

  1. The prize for any Prize Draw is as stated on the Website and is non-transferable. OnePoll will not be responsible for any costs incidental to the winner using the prize, other than the postal costs of delivery of the prize. If the winner does not wish to use the prize, he/she should notify ScotPoll and ScotPoll may at its discretion offer the prize to a runner-up to be drawn at random in accordance with these terms. ScotPoll may substitute the prize for one of equal or greater value.
  2. OnePoll cannot be held responsible for any loss or delay or other damage suffered by the winner or any third party as a result of winning the prize, except where such loss is a direct result of the negligence of OnePoll.
  3. The 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.
  4. The winner will receive a notice on their account page informing them that they have won. 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, OnePoll may at its discretion dispose of the prize as it sees fit without any liability to the winner. The winner may be required to provide ScotPoll with proof that it is the registered ScotPoll account holder.
  5. The prize will be posted in the “Member’s area” within 5 working days of the winner receiving and confirming notification of their win. OnePoll has no liability in respect of loss of or damage to any prize or failure of delivery arising of out matters outside its control including any failure in the postal system.
  6. Where postal address details are not held by ScotPoll, the winner will be required to confirm the relevant postal address upon acceptance of notification of their win.
  7. Details of the winner (i.e their name and location) will be published on the Website at www.onepoll.com/earners. The winner agrees to participate in publicity if required.
  8. The decision of OnePoll is final and binding in all matters and no correspondence will be entered into.
  9. All incentive Surveys on the Website are run by 72 Point Limited (trading as OnePoll).