Terms of use
I. INTRODUCTION AND AGREEMENT
Survey Ginni is a venture of Frametrics Consulting Private Limited having address at 139/1, 2nd Floor, Humayunpur, Safdarjung Enclave, New Delhi - 110029 ('Frametrics') ['Frametrics' includes its parents, subsidiaries and affiliates, assignees, transferee]. Survey Ginni is a platform which collects various types of data through online channel, presently through mobile application by hosting survey and floating survey questionnaire in which individuals enter individual feedback and choices about various goods and services. These collected data undergo scrutiny imparting logic and checks to provide clean data to the researcher. These clean data directly provided by individuals' aids organization, companies and industries in making strategic decision at multiple levels which in turn boost business prospects and revenue generation.
Survey Ginni platform does all these primarily through application of cutting-edge technology. Survey GinniTM has inbuilt validation tools for text data entry which performs standard validation like maximum and minimum range of value for phone number, email id and its verification, pincode validation, maximum number of selections for a checkbox, skipping of questions based on previous response, etc. In the background, data collected through Survey GinniTM is monitored through a dashboard and, if required, updates the questionnaire as per the study.
Thus this entire process of hosting and conducting survey through Survey Ginni platform involves stake holders such as 1. Survey Ginni as Super Admin, 2. Associate Partners, 3. Clients, and 4. Respondents. All these stake holders together comprise Survey Ginni, where Super Admin is the Survey Ginni platform coordinator, Clients are those who engage to conduct a study of specific goods/ service, Respondents are those individuals who create account in Survey Ginni to participate in surveys, and Associate Partner is the one who is responsible to bring in Respondents and also to bring in Clients. In Survey Ginni, Respondents are to use mobile based application via One Time Password (OTP) based login to give their feedback and choices, while the reaming stake holders have to use username and password to login to Survey Ginni platform via web browser. This participatory process of Survey Ginni is based on an incentive sharing model.
That set out herein below is Terms of Use ('TOU') of Survey Ginni Platform ('SGP'), and you are required to read carefully and diligently before using SGP at www.surveyginni.com (the "Website") or the mobile application. If you do not accept the TOU, do not use Survey Ginni services or navigate through SGP.
This TOU including all and any modifications made from time to time is a legally enforceable agreement between Survey Ginni (represented by Frametrics Consulting Pvt. Ltd., a company incorporated under Indian Law and having address at 139/1, 2nd Floor, Humayunpur, Safdarjung Enclave, New Delhi - 110029, India) and You where You may be an Account User (which includes Respondents, Associate Partner, Clients) or a Visitors of SGP Parties to this TOU is referred together as 'Parties' and individually as 'Party'.
This TOU becomes effective when You do any of the following:
- Visits SGP platform or create account in SGP;
- When you are executing or electronically accepting any documents/ agreements/ invoice which have reference to TOU. Where You represent an organisation then your organisation including all employees, representatives are bounded by this TOU
II. DEFINITIONS
- Account User means user of accounts created in Survey Ginni platform as Respondent, Associate Partner, Customer/ Client. This also includes any account created by Survey Ginni Team as Super Admin.
- Associate Partner Any corporation or company or legal entity, incorporated in India who has experience and qualifications regarding operation and conducting of survey, has considerable public reach out as well as contacts across various industries, and has the ability to encourage individuals to participate in surveys conducted on Survey Ginni and in course refer individuals to create account on Survey Ginni Application and also bring to Frametrics industry players who are interested in conducting a survey with Survey Ginni Applications can become an Associate Partner in lieu of incentives given by Frametrics for work done by Associate Partner.
- Agreement with respect to a User includes this Terms of Use along with modification done from time to time, Privacy policy and any party specific agreement
- Beta Features are new test features
- Confidential Information is defined as any information disclosed by either party to the other Party of TOU, either directly or indirectly, in writing, orally, through electronic mode or by inspection of tangible objects (including, without limitation, documents, prototypes including software prototype, samples, test data), which is designated as "Confidential," "Proprietary" or other similar designation. Confidential Information includes information involving Survey Ginni which is otherwise not publicly available. Any and all information related to Survey Ginni, to its way of operation, business strategies, trade secrets, any information which would cause harm to Survey Ginni in any manner if disclosed is considered as Confidential Information, irrespective of its mode of communication. Confidential Information shall not, however, include any information which (i) was publicly known and made generally available by Survey Ginni in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already in the possession of the Party who is receiving the information at the time of disclosure by the disclosing party as shown by the receiving party, strictly subject to proof through files and records immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third party without a breach of such third party's obligations of confidentiality to Survey Ginni and without prejudicing Survey Ginni's business interest and legal protection; (v) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information, as shown by documents and other competent evidence in the receiving party's possession; or (vi) is required by law to be disclosed by the receiving party, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.
- Customer or Client is an organisation or any individual or an industry player who has hired Frametrics to conduct survey for the organisation or for them by using Survey Ginni Application for valuable consideration.
- Custom Works means, any custom designs, projects, or other works, including Deliverables, created by Survey Ginni for, or on behalf of, Account User. Custom Works includes Deliverables, however, where Deliverable is supplied to Client/ Customer in pursuance to an Order given, Survey Ginni retains all intellectual property rights and other proprietary rights on matter which are not subject to the Order.
- Data means and includes any data of an Account User, a representation of information, facts, concepts, opinions, or instructions in a manner suitable for communication, interpretation, or processing by humans or by automated means. Data may be of nature financial data, genetic data, personal data and sensitive personal data.
- Financial Data means any data including Personal Data which is used to identify an account opened by, or card or payment instrument issued by a financial institution to a data principal or any personal data regarding the relationship between a financial institution and of a person (including both individual and juristic) including financial status and credit history.
- Genetic Data means any personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the behavioural characteristics, physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question.
- Personal Data means data about or relating to a natural person who is directly or indirectly identifiable, having regard to any characteristic, trait, attribute or any other feature of the identity of such natural person, or any combination of such features, or any combination of such features with any other information.
- Sensitive Personal Data means personal data of Individual revealing, related to, or constituting, passwords, financial data, health data, official identifier, sex life, sexual orientation, biometric data, genetic data, transgender status, intersex status, religious preferences, caste or tribe, religious or political belief or affiliation.
- Deliverables means any outputs specifically defined in a Statement of Work and characterized as "Deliverables" that will be provided by Survey Ginni to Customer/ Clients, excluding any proprietary right and intellectual property rights and Confidential Information of Survey Ginni.
- Effective Date is defined as date on which the Agreement was first uploaded or such date on which the terms of use was updated or modified or amended, as the case may be.
- Intellectual Property Rights means any and all patents, inventions, copyrights, designs, moral rights, trademarks, domain names, trade secrets, know-how, and any other form of intellectual property and/or proprietary rights recognized in any jurisdiction whether existing now or acquired any time after including any application or right to apply for registration of any of these rights.
- Law(s) means any and all applicable laws, regulations, statutes, rules, orders and other requirements of any international, state or local governmental authority.
- Order Term means the period or term which is specified in an Ordering Document (including any renewals of the same) during which Client/ Customer will have access to the Services.
- Ordering Document means any form (including an electronic form or Statement of Work), either executed Survey Ginni and Client/ Customer that sets out the commercial terms of Customer's purchase of Survey Ginni's Services. All Ordering Documents shall be deemed to incorporate, and shall be subject to and governed by the TOU.
- Privacy Policy means the Privacy Policy available at www.surveyginni.com/ as updated from time to time.
- Respondent Respondent is defined as any individual of legal age (equal to or more than 18 years of age), who is competent to enter into contract, who has voluntarily created an account with Survey Ginni Application and is also maintaining the account to participate willingly in one or more surveys conducted by Frametrics by willingly sharing personal details and information, preferences, choices, experience, opinion and is willing to receive incentive money in return of his/ her such participation in survey.
- Response Data means any response or feedback provided by Respondents which may be in the form information, data, text, creative, video, audio, photographs, images, illustrations, animations, logos, software, scripts, executable ?les, graphics, and interactive features, in response to survey, any of which may be submitted to, or analysed to provide valuable insights to Client/Customer.
- Services means services offered by Survey Ginni through SGP from time to time.
- Statement of Work means a document entitled "SOW" or "Statement of Work" executed between Survey Ginni and Client, which are governed by Privacy Policy, TOU and any agreement governing terms between Survey Ginni and Client.
- Survey Ginni Platform (SGP) includes the Website (www.surveyginni.com) and Survey Ginni mobile application.
- Third Party Services means any software, products, tools, applications, or services that are used in connection with the services offered by Survey Ginni or in connection with the SGP.
- User means Respondent, Associate Partner, Clients, Super Admin, who have account in SGP and Visitors accessing SGP and/ or using services of Survey Ginni.
- User Content means, any and all information, data, text, software, photographs, graphics, video, messages, tags and/or other materials and content, that Account User post, upload, share, submit, store or otherwise provide or make available through or using the Survey Ginni Services and SGP. User content excludes information related to services of Survey Ginni and Confidential Information and proprietary information of Survey Ginni or any analysed data or any data or content upon which improvisation is done by Survey Ginni such that right of Survey Ginni legally exists as creator/ owner of intellectual property created in course of improvisation, or to provide survey outputs to Clients.
- Visitor means an individual who visits the Website or social media pages, software app, visits our offices, or interacts with us either through online or offline mode or through both online and offline mode.
- "we", "our" and "us" refer to Survey Ginni.
- Website refers to www.surveyginni.com, Survey Ginni android mobile app, and any other electronic environment.
III. ACCEPTANCE CLAUSE:
- By clicking 'I Accept' button or otherwise indicating your accent to TOU, You are legally bound by the Terms and Conditions set herein together with Survey Ginni Privacy Policy and other party specific agreements.
- You account in Survey Ginni is also governed by this TOU, Privacy Policy and other party specific agreement.
- Visitors are also governed by TOU and Privacy Policy, accessing SGP indicates accent of Visitor.
- If you on behalf of an organisation is creating account in SGP, You confirm that you have authority to legally bind the organisation to follow TOU, Privacy Policy and other party specific agreements. In such case, You may have to provide proof of authority granted in your name by the concerned Organisation.
- Survey Ginni do not promote creation of account or otherwise use of Survey Ginni services by any minor and consider such account and all act as null and void.
- Survey Ginni may modify terms and condition of TOU at any time by posting a revised / modified version on the platform (give link) or otherwise providing notice to you. By continuing to use the Services after the effective date of any modifications made, you agree to be bound by the modified terms.
- Once you accept TOU, such acceptance is continuous unless you specifically write to us notifying your withdrawal in writing to us.
IV. SERVICES TERMS
- User have to create account in SGP to use/ participate in services offered by Survey Ginni or to get into business relation with Survey Ginni. Where User is Respondent, account is created and accessed using mobile One Time Password (OTP) process and where the User is Client or Associate Partner, account is created and accessed using username and password.
- Where services of Survey Ginni is chargeable, User ordering such services has to pay charges as will be indicated in invoices or in the Ordering Document.
- Survey Ginni have incentive based scheme to reward Associate Partner and Respondent, where incentive is decided on basis of 'cost per interview' of each response in a survey. Share percentage of incentive is decided solely by Survey Ginni.
- Survey Ginni follows one User one Account policy.
- User is responsible for making arrangement of all hardware, software and services, internet connections, which are necessary to access SGP.
- Subject to the terms and conditions of TOU, Privacy Policy and any Client specific agreement, Survey Ginni permits its Client to use all Deliverables supplied to Client a limited non-exclusive, non-transferable, revocable right to access and use the Deliverables pursuant to an Order, solely for Client's internal business purposes (unless otherwise expressly agreed by Survey Ginni) and in accordance with the limitations (if any) set forth in the Ordering Document. All rights not expressly granted herein are reserved by Survey Ginni.
- Subject to the terms and conditions of TOU, Privacy Policy and any Associate Partner specific agreement, Associate partner can view information of Respondents mapped under it and responses submitted by those Respondents. Associate Partner cannot do anything with such Respondents' data, unless expressly permitted by TOU, Privacy Policy and specific agreement.
- User is responsible for keeping respective User Account secure and accordingly shall safeguard username and password or keep safe mobile devices, whichever applicable, for any unauthorised access or accidental releases. Survey Ginni cannot be held liable for any loss or damage occurring from Your default to this clause.
- You are not permitted to use the services of Survey Ginni for any illegal or unauthorized purpose and you must not, in connection with services of Survey Ginni, violate any applicable laws.
- User is not authorized to copy, modify, re-package (unless otherwise expressly agreed by Survey Ginni), reverse-engineer, or disassemble the Services or deal with Services in manner detrimental to Survey Ginni's interest. User's use of the Services confers no title or ownership in the Services and User do not have any reselling rights. All ownership rights to the Services retained by Survey Ginni.
- Survey Ginni, in its sole discretion, reserves the right to modify the Services, or any features of the Services at any time and for any purpose, including but not limited to, improving performance or quality, correcting errors, or maintaining competitiveness.
- Beta Features - From time to time, Survey Ginni may make Beta Features available to User. Whether to choose Beta Features or not is User's sole discretion. Survey Ginni reserves its sole right and discretion to discontinue Beta Features at any time. User understands and agrees that Survey Ginni may even never make Beta Features generally available. Survey Ginni will have no liability for any harm or damage arising out of or in connection with a Beta Feature or for discontinuing Beta Features.
- Free Trials - Survey Ginni may make some or all of the Services available to on a limited, nonexclusive, non-transferable, revocable, free trial basis for evaluation purposes only. Free Trials does not give any right to User/Free Trial account holder to qualify for Services of Survey Ginni. Survey Ginni reserves its right to modify any feature(s) and/ or terminate/ suspend Free Trial(s) prior to completion of term of Free Trials. Survey Ginni will have no liability for any harm or damage arising out of or in connection with free trial account and/ or termination/ suspension of free trial account before completion of declared time frame of such free trial services/ account(s). Users of free trial accounts acknowledge and agree that Survey Ginni is under no obligation to provide such user with any response data generated by usage of a free trial account.
V. PROFESSIONAL SERVICES TERMS
- User is required for cooperate with Survey Ginni to provide services in timely manner and with authentic data by diligently performing their respective roles of submitting response to survey in timely manner, refer Respondents and Clients, providing correct information, suitably configure hardware and such other cooperation which are set out in TOU, Privacy Policy and in any party specific agreement.
- Custom Works- In the course of operation, Survey Ginni will create Custom Works which contain intellectual creation and proprietary creation of Survey Ginni and that corresponding rights are vested with Survey Ginni. Where Survey Ginni have supplied analysed survey data to Client in such layout or representation, whether in softcopy or hardcopy, may have to include intellectual property or proprietary creation of Survey Ginni, and it is understood that through such supply, intellectual property and any proprietary data of Survey Ginni are not assigned or transferred or licensed or otherwise conferred on the Client, in any manner. Client right is only to the extent of survey data and inferences drawn from analysis done from survey data/ responses. Intellectual creation and proprietary creation of Survey Ginni continues to be with Survey Ginni only. User acknowledges and agrees that any unauthorised use of Survey Ginni intellectual property and proprietary of the Custom Works shall make User liable to pay and compensate for damage done to Survey Ginni and for infringement committed thereof.
- User shall not by himself/ herself, or through its authorised representative and/ or shall not allow any employee or third party to copy, reverse-engineer, modify, improve, create derivative works of or use or circulate Custom Works of Survey Gini or otherwise do any other act with the Custom Works which would amount to violation of any right of Survey Ginni or would be otherwise illegal or violative of provisions of TOU, Privacy Policy and party specific agreements. In the event that any User, User's employee or agent or third party at User's request or direction modifies, improves or creates derivative works/ Custom Work, whether or not in violation of the Agreement, User shall cause all right, title and interest in and to such modifications, improvements and/or derivative works to be assigned to Survey Ginni and will sign all further documents necessary to effect such assignment. Survey Ginni reserves its right to ask for further payments for effecting such assignments from User. Survey Ginni shall not be paying consideration for such assignment. If assignment is not grated in favour of Survey Ginni or payments as stated in this clause is paid, Survey Ginni has all right to recover such payments from User by taking appropriate course of action including legal action.
- Indemnification by User -Where User engages Survey Ginni to provide any Custom Works, User represents and warrants that such direction of User does not infringe the intellectual property rights or any other rights of any third party. User is solely responsible for review of any Custom Works to ensure they do not violate or infringe a third party's privacy rights, intellectual property rights, or any other rights. User indemnifies Survey Ginni against all claims made by any third party alleging violation of such third party's rights due to Custom Works where such Custom Work has been prepared as per direction of User.
VI. ACCEPTABLE USE OF SERVICES
- User must use SGP in accordance with TOU, Privacy Policy and party specific agreement (if any).
- Survey Ginni reserves right to terminate/ suspend User Account without prior notice, in case your use of account is not in accordance with TOU, Privacy policy and party specific agreement (if any).
- In case you are found to involve in any illegal, unauthorised activities, your account may be terminated or suspended and you may face ban which would prohibit you to create any other account with us and/ or prohibit you to subscribe to any of our services.
- If you have faced with termination of account and/ or banned from creating any future account with us, you may ask us in writing to review your application along with details to permit you to create an account and/ or to lift the ban as the case may be. However, Survey Ginni reserves right not to accept your request, and to provide any reason without providing/ communicating you any reason.
- User agrees not to use SGP Services nor to assist others in using SGP in ways that would (a) violate, misappropriate, or infringe the rights of others, including privacy, publicity, intellectual property, or other proprietary rights; You agree not to use SGP for any illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive manner, or in any manner that would instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; You agree not to use SGP in a manner that involves publishing falsehoods, misrepresentations, or misleading statements; impersonate someone; use which involves sending illegal or impermissible communications, involve any non-personal use of SGP unless otherwise authorized by us.
- User must not do by himself/ herself nor shall assist others to access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, Services, systems, our users, or others, including that you must not directly or through automated means reverse engineer, alter, modify, create derivative works from Customs Works/ Deliverables decompile, or extract code from our Services. You agree not to undertake anything using our Services that would use to send, store, or transmit viruses or other harmful computer code through or onto our SGP. You shall not try to gain or attempt to gain unauthorized access to SGP or systems; nor shall try to interfere with or disrupt the integrity or performance of our Services. You shall not create accounts for our Services to sell, resell, rent, or charge for our Services or SGP; or distribute OUR Custom Works.
- You agree not to use SGP to make available any content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable.
- You agree not to use the Services to violate any applicable laws or regulations.
- You agree not to use the Services to impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through services of Survey Ginni or through SGP.
- You agree not to use SGP to make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; post content containing advertisements or other commercial solicitations without our prior written permission.
- You agree not to use SGP to make available viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of SGP or affect other users.
- You agree not to use the Services to interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way.
- Use of Services - You must follow any guidelines or policies associated with SGP. You must not misuse or interfere with the SGP or try to access them using a method other than the interface and the instructions that we provide.
- Ownership and reuse- Using SGP does not give you ownership of any intellectual or other property rights or interests in the Services or the content you access or on SGP. You must not use any branding or logos used by Survey Ginni unless separate explicit written permission has been given to you. You may not remove, obscure or alter any legal notices displayed in or along with Deliverables or Custom Works. Unless you have explicit written permission, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion or use of, or access to, SGP or services offered by Survey Ginni
- Support - Unless otherwise expressly stated, we do not promise to provide you with any support for the Services. If we provide you with support, it is at our sole discretion and may withdraw such support.
- Fees- We reserve the right to charge fees and/ or change fees for use of or access to the Services (and any associated support), whether currently in existence or not, in our sole discretion. If we decide to charge fees, our Payment Clause will apply and we will provide you with prior notice.
- Different features may be available in different versions of SGP and not all features may be available in your country or region. Also, not all features may be available if the user that you are communicating with is using a different version of the Services, or is using third-party software. Suvey Ginni reserve all right to vary/ modify or delete any feature(s) of SGP. No user can raise any objection to it.
- Anti-abuse policy – User are prohibited from sending unsolicited emails or messages to other Users. You shall not, in connection with SGP, engage in commercial activity on non-commercial properties or apps or high-volume activity without our prior written consent. You may not engage in conduct or activity that is disruptive to the Services or the experience of other users.
VII. SERVICE AVAILABILITY CLAUSE
SGP may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all services of Survey Ginni, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events. You agree not to bring in any dispute or liability upon Survey Ginni or to claim any compensation for any loss / damage you suffered for interruption of Survey Ginni resulted due to technical reasons or for discontinuation of some/ all Services as stated here and/ or for such reason which are beyond our control.
VIII. REFERENCE TO SITE'S PRIVACY POLICY
Survey Ginni is obliged to protect your privacy and further obliged to keep them in accordance with privacy laws and regulation. Survey Ginni's Privacy Policy describes why, how we collect data, how we store and process data, and all details are readily available at [insert link]
You acknowledge that you have gone through the Privacy Policy and thereafter you are consciously entering the Agreement at you freewill and without any undue influence and/ or coercion creating account in Survey Ginni or accessing SGP.
IX. PAYMENT CLAUSE
- Survey Ginni's survey services to its Client are chargeable with details specified in all Ordering Documents for the entirety of the Order Term. Order is customisable as per Client's requisition and accordingly the charge varies. All payments are non-refundable.
- Client agrees to pay for any add-on feature(s) that they use at any time by using the add-on feature and/or executing an Ordering Document for the add-on feature for Order term and also renewal made thereof.
- User agrees to make accurate payments through one or more methods offered by Survey Ginni within duration specified, if any and also agrees to pay for renewals thereof within specified duration.
- For any delay in payment, Survey Ginni to levy late fee at the Rate of 5% of invoice amount for each 7 days of delay. Survey Ginni may withhold survey until full payment is made.
- Taxes - All fees stated in the Ordering Document are exclusive of any applicable taxes. User's taxes may be added to the final price charged to User on User's invoice.
- Reactivation Fee - Survey Ginni may charge a re-activation fee to re-activate a suspended account and/ or terminated and/ or banned account.
- Disputing Charges- Any dispute to a charge on User's invoice must be made with specificity within 30 days after the date of the invoice that initially contained the disputed charge.
- Where User are Associate Partner and Respondent, Survey Ginni shares portion of incentive money allotted for a survey with each of the Respondent who have participated in the survey and with corresponding Associate Partners. It is entirely the discretion of Survey Ginni to decide on the share percentage of incentive money for each User type.
- Not all surveys are allotted same amount of funds, as it depends on Client's requisition, so the share percentage amongst Associate Partner and Respondent may vary from one survey to another and is a discretion of Survey Ginni to decide on the share percentage.
- Associate Partner has to raise invoice to Frametrics for collecting their incentive money each month. Survey Ginni requires bank details for crediting the money.
- Respondents will be paid incentive money directly into his/ her e-wallet whose details has been provided by Respondent.
X. INTELLECTUAL PROPERTY CLAUSE
- User's Property- By using SGP and the Services, submitting any User Content through SGP, or providing any information otherwise, User hereby grants Survey Ginni a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, process, store, edit, modify, aggregate, combine, reproduce, distribute, display, publicly perform, publicly display, host, communicate, distribute, and prepare derivative works of the Customer Content in connection with the Services for the duration of the TOU and until such time as User requests deletion of the User Content in writing. User represents and warrants that User has all rights to grant such licenses to Survey Ginni and without infringement or violation of moral rights or any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other Intellectual Property Rights. User indemnifies Survey Ginni against any claim of violation of data alleged against it for acting upon due to data/ information provided by the Client.
- SGP and services contains data, information about Survey Ginni as to the way of operation, business information, intellectual creation and proprietary creations, analysed data and else which belongs to Survey Ginni and Survey Ginni retains all its rights on such information/ data and creations. These are property of Survey Ginni, and Survey Ginni grants no license nor permission nor assignment for these to any of the User.
- Survey Ginni's Property - User acknowledges and agrees that all rights, title and interest in and to services are the exclusive property of Survey Ginni, licensors or suppliers. Unless stated otherwise, Survey Ginni retains all Intellectual Property Rights in and to Services and all logos, graphics, software, algorithms, functionality, content (other than User Content) comprising the Services.
- Statistical Data - Notwithstanding anything to the contrary in this TOU, but subject to the Privacy Policy, Survey Ginni may monitor, analyze, and compile Statistical Data. User agrees that Survey Ginni may make such Statistical Data publicly available. Survey Ginni owns all right, title and interest in and to the Statistical Data and all related software, technology documentation, and content provided in connection with the Statistical Data, including all Intellectual Property Rights in the foregoing. Analysis of data is intellectual property of Survey Ginni.
- Feedback- User may provide feedback, suggestions, and comments to Survey Ginni regarding the Services ("Feedback"). User hereby grants to Survey Ginni a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, process, store, edit, modify, aggregate, combine, reproduce, distribute, display, perform, prepare derivative works, and otherwise fully exploit such Feedback in any medium or format, whether now known or later developed.
- Publicity - Unless otherwise agreed by the parties, User hereby agrees that Survey Ginni may reference User in marketing and public relations materials, including a press release announcing User as a customer. User hereby grants Survey Ginni a nonexclusive, worldwide license to use and display User's trademarks, trade names and logos in connection with the foregoing.
XI. DISCLAIMER
- No Guarantee of Results - User understands and acknowledges that, it is not possible to guarantee that the performance of the Services will be successful in producing any specific results.
- User hereby acknowledges and agrees that Survey Ginni shall not be liable for the failure of the performance of the Services to generate any expected or useful results.
- API Connector/Integration - Survey Ginni does not guarantee the continued availability of any API Connector/Integrations. Survey Ginni may discontinue any API Connector/Integration at any time in its sole discretion. User acknowledges and agrees that User may be able to use the connected application to access analysed data through its own account. Once analysed data is communicated to Client, Survey Ginni is no longer responsible for the privacy, security or integrity of that analysed data.
- Service Availability - From time to time, down-time, either scheduled or unscheduled, may occur with respect of SGP, which will be worked out to ensure the amount of down-time is limited. In the case of anticipated or planned outages or system-wide issues affecting the basic use of the Services, Survey Ginni will make endeavour to provide User with reasonable advance notice. User acknowledges and understands that Survey Ginni does not warrant that the Services will be uninterrupted or error free and that Survey Ginni may occasionally experience "hard outages" due to disruptions that are not within our control. Any such hard outage shall not be considered a breach of this TOU by Survey Ginni. User releases Survey Ginni entirely of all responsibility for the consequences of any down-time.
- Advice - From time to time, User may obtain advice or information from Survey Ginni help or support pages, white papers, and/or Survey Ginni employees (collectively, "Advice"). User acknowledges and agrees that such Advice will not be deemed to constitute financial, legal or tax advice. User should seek the advice of its own advisers prior to acting upon any such Advice. User agrees that use of and reliance on any such Advice is at its own risk and User releases Survey Ginni entirely of all responsibility for any consequences of its use of and reliance on any such Advice.
- User understands that downgrading its account may result in the loss of content, features, or capacity of User's Account and Survey Ginni does not accept any liability for any such losses. Use of the services and any reliance by User upon the services, beta features, or advice, including any action taken by User because of such use or reliance, is at User's sole risk. To the maximum extent permitted by law, Survey Ginni do not warrant or guarantee that the services will be uninterrupted, accurate or error free; nor does it make any warranty or guarantee as to the results that may be obtained from use of the services. The services, beta features, and advice are provided "as is" and to the extent permitted by law, Survey Ginni disclaims all warranties, guarantees, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- We are providing SGP on an "as is" basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from any claim, complaint, cause of action, controversy, or dispute (together, "claim") and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.
XII. WARRANTIES CLAUSE
- Mutual Warranties. Each Party represents and warrants that: (a) it has the full right, power and authority to enter into, execute, and perform its obligations under TOU; and (b) it will not violate Laws in the provision or receipt of the Services.
- Survey Ginni Warranties - Survey Ginni represents and warrants that Survey Ginni shall make every reasonable attempt to ensure there is no material degradation of the Services during the Order Term. Professional Services shall be performed by qualified personnel.
- User Warranties - User represents and warrants that:
- all personal information (including any Personal Data as defined in our Privacy Policy) provided by User to Survey Ginni (including, without limitation, that of Users and Respondents) has been collected with the relevant individual's consent; and
- User is informed: 1) of the purpose for which that information was collected, 2) that User may provide this information to its vendors and/or service providers for the purposes of use in relation to the Services, and
- that such information (except the Personal Data) may be processed and/or stored by User's vendors and/or service providers; and User has obtained the consent of such persons for processing of their personal information by its vendors and service providers in the foregoing manner.
XIII. COOKIES AND USE OF COOKIES AND TRACKING TECHNOLOGY:
User acknowledges that SGP employ the use of cookies and similar tracking technologies (As explained in our Privacy Policy). Accordingly, User represents and warrants that User will maintain appropriate notice and consent mechanisms as required by Laws (or a reasonably requested by Survey Ginni) and industry best practice to enable Survey Ginni to deploy cookies lawfully on, and collect data lawfully from, the devices of Users for the purposes described in the Privacy Policy. User shall promptly notify Survey Ginni if User is unable to comply with the above obligations.
XIV. THIRD-PARTY WEBSITE LINK CLAUSE
SGP may allow User to access, use, or interact with third-party websites, apps, content, and other products and services which are integrated with SGP or links to such Third Party's website may be hosted in the Website. You are requested to make yourself aware of terms and privacy policies of such third-party services, when you use such third-party's services.
XV. CONFIDENTIALITY OF SITE INFORMATION
- Confidential Information - Parties acknowledge that in the course of performing their obligations under TOU, each party may receive information that is either clearly marked as "confidential" or non-public information which, under the circumstances surrounding the disclosure, a reasonable person would conclude should be treated as Confidential Information from the other party. Receiving party (Survey Ginni or You, as the case may be) covenants and agrees that neither it nor its agents, employees, officers, directors or representatives will disclose or cause to be disclosed any Confidential Information of the disclosing party, except (a) to those employees, representatives, or contractors of the receiving party who require access to the Confidential Information to exercise its rights under TOU and who are bound by confidentiality obligations, or (b) as such disclosure may be required by Law, subject to and to the extent permitted by Law, the receiving party providing to the disclosing party written notice to allow the disclosing party to seek a protective order or otherwise prevent the disclosure. Notwithstanding the foregoing, nothing in TOU will prohibit or limit the receiving party's use of information: (i) previously known to it without breach or obligation of confidence, (ii) independently developed by or for it without use of or access to the disclosing party's Confidential Information, (iii) acquired by either of the Party from a third party that was not under an obligation of confidence with respect to such information at the time of disclosure, or (iv) that is or becomes publicly available through no breach of the Agreement.
- Protection of User's Personal Data - Without limiting the above, Survey Ginni will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the User's Personal Data. Survey Ginni do not modify or access the User's Personal Data except as required to provide the Services, to prevent or to address service or technical problems, or for payment purpose.
- Username and Passwords - User who is provided with username and password is solely responsible for such username, password, and any other login credentials confidentiality. Such User is responsible for any and all activities that occur through User's account, whether authorized by User or not. User must notify Survey Ginni immediately of any unauthorized access or use of User's account. Survey Ginni cannot be held responsible or liable for any losses due to lost or hacked passwords.
- Privacy Notice - Notwithstanding anything to the contrary in this TOU, the Privacy Policy explains how Survey Ginni handles data or processes data. User hereby acknowledges and agrees that Survey Ginni will handle data in accordance with the Privacy Policy.
XVI. AMENDMENTS / MODIFICATION TO THE AGREEMENT:
We may amend or update terms of the TOU. We will provide you notice of amendments to our terms, as appropriate, and update the "Last Modified" date at the top of our terms. Your continued use of SGP confirms your acceptance of our terms, as amended. If you do not agree to our terms, as amended, you must stop using our Services. Please review our terms from time to time.
XVII. INDEMNIFICATION CLAUSE
- If you are using SGP on behalf of an organisation, business or other entity, the entity will hold harmless and indemnify Survey Ginni from any suit, claim or action arising from or related to the use of SGP or violation of TOU or Privacy Policy or any party specific agreement, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and legal fees, advocate fees.
- User Indemnity - User agrees to defend, indemnify and hold Survey Ginni and Frametrics, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates harmless from any claims, losses, damages, liabilities, settlements, and expenses (including, but not limited to attorney fees) by a third party ("Claims") related to, arising from, or connected with: 1) Users' use of the Services; 2) Users' breach of this TOU or the Acceptable Use of Service or any representation or warranty made by User therein; 3) Custom Works requested by User, Customer Content, or Response Data (including, without limitation, Claims alleging that the Custom Works requested by User, User Content, or Response Data violates or misappropriates the Intellectual Property Rights or other rights of any third party); 4) Users' negligence or intentional misconduct; 5) an allegation of defamation or invasion of privacy by User; and/or 6) any violation of Law by a User. Notwithstanding the foregoing, User shall not make any admissions on behalf of Survey Ginni or settle any claim without Survey Ginni's consent.
- Survey Ginni's Right to Defend - Promptly upon learning of any Claim against User arising from or related to allegations that the SGP violate or infringe a third party's privacy or Intellectual Property Rights (an "Services Claim"), User shall give notice to Survey Ginni of the Services Claim and immediately deliver to Survey Ginni all original notices and documents (including court papers) received in connection with and/or related to the Services Claim. Survey Ginni shall have the exclusive right, but no obligation, to assume defence of such Services Claim at any time and at any stage. If Survey Ginni assumes defence of any such Services Claim, User agrees to, cooperate in the defence thereof as reasonably requested by Survey Ginni. Upon assuming the defence of an Services Claim, Survey Ginni may appoint any legal counsel selected by Survey Ginni and/ or settle any Services Claims on such terms and conditions it deems advisable.
- User agrees that upon Survey Ginni's assumption of the defense of the Services Claim: i) Survey Ginni will not be liable to User for any legal costs or expenses subsequently incurred by User in connection with the Services Claim; ii) is not an acknowledgment by Survey Ginni that it is liable to indemnify User in respect of the Services Claim; and iii) it will not constitute a waiver by Survey Ginni of any defenses it may assert against the User, if User claims it is owed indemnification for such Services Claim.
XVIII. LIMITATION OF LIABILITY CLAUSE
- To the extent permissible by law, in no event will Survey Ginni be liable to User or any third party for any loss of profits, loss of use, loss of revenue, loss of opportunity, loss of anticipated savings, loss of goodwill, loss of data, interruption of business, or for any direct, indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out of or in connection with this TOU or the services, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if Survey Ginni has been advised or is otherwise aware of the possibility of such damages. The foregoing disclaimer will apply to the maximum extent permitted by law.
- In the event that, notwithstanding the foregoing, Survey Ginni or its affiliates or successor-in-interest and/ or predecessor-in-interest is found liable to User for damages from any cause whatsoever, and regardless of the form of the action, in no event will Survey Ginni's total liability arising out of or related to this agreement exceed the aggregate of fees paid by User for the Services in the twelve months preceding the applicable claim giving rise to liability. Multiple claims will not expand this limitation. The foregoing disclaimer will apply to the maximum extent permitted by law. User agrees that Survey Ginni's liability will be reduced by the extent, if any, to which User contributed to the loss.
- User acknowledges that the limitations set forth in this section are integral to the amount of fees charged in connection with making the services available to User, and that, if Survey Ginni were to assume any further liability other than as set forth herein; such fees would of necessity be set substantially higher.
XIX. DISPUTES RESOLUTION CLAUSE
- You agree to defend, indemnify, and hold harmless Survey Ginni from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of SGP, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Claim.
- Any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents) are Excluded Disputes.
- Parties shall try to resolve any and all disputes first through mediation, then through arbitration.
- Time Limit to Start Arbitration- Parties agrees that for any dispute (except for the Excluded Disputes), if brought at the instance of Respondent or Associate Partner or Client must commence an arbitration proceeding within Three (3) months to be calculated from that date of first occurrence dispute; otherwise, such dispute is permanently barred and shall be considered as waiver of the Party who is raising the dispute. Parties further agrees that for any dispute (except for the Excluded Disputes), if brought at the instance of Survey Ginni, then the arbitration proceeding may commence within 1 (One) year to be calculated from that date of first occurrence dispute, however failure to commence arbitration within one year as stated shall not be considered as waiver of any rights, claims, dues and reliefs to which Survey Ginni is entitle.
- No Class Actions, Class Arbitrations, or Representative Actions for Users and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.
XX. GOVERNING LAW
You agree that all matters relating to your access to or use of the SGP, including all disputes, will be governed by the laws of India. You agree to the personal jurisdiction by and venue in New Delhi, India, and any/ all dispute arising here from between the parties shall be subject to exclusive jurisdiction of Courts in New Delhi, India and you waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Survey Ginni and you arising out of or in connection with your use of SGP, Parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed sixty (60) days), then either party may submit such controversy or dispute to mediation and thereafter to arbitration governed by The Arbitration and Conciliation Act, 1996.
XXI. ARBITRATION CLAUSE
- All disputes, claims, controversies arising out of or in connection with this Agreement, which the parties shall be unable to resolve within a period of 60 days, shall be finally settled under the Rules of Arbitration of the Indian Council of Arbitration (ICA) by single arbitrator appointed by Frametrics;
- New Delhi, India shall be the seat of the arbitration;
- The language of the arbitration shall be English with translated copy of documents provided where the language is other than English;
- Within 5 (five) business days after the recipient has received such notice of dispute, each party shall select for itself a representative who shall have the authority to bind the respective selecting party and name and title of the representative be sent to the other party;
- By not later than ten (10) business days after the date of such notice of dispute, such representatives shall contact ICA for providing Alternative Dispute Resolution (ADR) services (hereinafter, "ADR Provider") and shall schedule a date with such ADR Provider to engage in ADR;
- The representatives of the parties shall engage in good faith in an ADR process under the auspices of ICA;
- After 30 days of conclusion of the arbitration process, if party fail to resolve the disputes, the parties shall have the right to pursue any other remedies legally available to resolve such dispute before High Court, Delhi to whose jurisdiction for such purposes parties hereto irrevocably consents and submits;
- This arbitration clause does not preclude either party seeking conservatory or interim measures from any court of competent jurisdiction as permitted in law. However, Conservatory or interim measures sought by either party in any one or more jurisdictions shall not preclude the Arbitral Tribunal granting conservatory or interim measures. Conservatory or interim measures sought by either party before the Arbitral Tribunal shall not preclude any court of competent jurisdiction granting conservatory or interim measures.
- Nothing in this Clause shall be construed to waive any rights or timely performance of any obligations existing under this Agreement.
XXII. TERM OF AGREEMENT
The term of this TOU will commence on the Effective Date and, unless earlier terminated in accordance with this TOU, and will continue to apply to all Ordering Documents for the duration of such Ordering Documents. Notwithstanding the foregoing, User's obligations pursuant to this TOU will continue to apply to any use of SGP by a User. Except as otherwise specified in the applicable Ordering Document or where prohibited by applicable Law, the Ordering Document and all non-expiring items added during the course of the Order Term, shall automatically renew for additional periods equal in duration to the original Order Term or one year, whichever is shorter, unless either party gives the other notice of non-renewal at least 30 days before the end of the Order Term (or, if applicable, any renewal of the Order Term). The foregoing will not apply to any Statement of Work, which will terminate as stated therein.
XXIII. TERMINATION AND SUSPENSION CLAUSE:
- Survey Ginni may modify, suspend, or terminate your access to or use of SGP anytime for any reason, such as if you violate the letter or spirit of TOU , Privacy Policy and or create harm, risk, or possible legal exposure for us, our users, or others. However, obligation arising out of TOU and Privacy policy shall continue to bind Parties after termination, modification, suspension.
- Survey Ginni may cancel your order without citing any reason and shall not be liable for any losses suffered by the User as a result of this cancellation of order.
- Either party may terminate TOU or any individual Ordering Document for cause if the other party materially breaches this Agreement or an Ordering Document and does not remedy such breach within thirty (30) days after its receipt of written notice of such breach; or immediately if the other party terminates its business activities or becomes insolvent, admits in writing to the inability to pay its debts as they mature, makes an assignment for the benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar authority.
- User agrees that Survey Ginni will not be liable to User or to any third party for termination of User's access to SGP resulting from any violation of TOU by User.
- Survey Ginni may suspend User's Account: (i) for non-payment or untimely authorization of payment; (ii) at any time without notice for conduct that it believes, in its sole discretion, violates TOU or other agreements or guidelines which may be associated with User's use of SGP; or in pursuance to any Laws applicable to User's use of the Services.
- Effect of Termination and / or Suspension- Upon expiration or termination of the Agreement or Suspension of account (a) User's right to use the Services shall cease, and Survey Ginni will have no further obligation to make the SGP available to User; (b) except as otherwise expressly stated herein, all rights and licenses granted to User under this TOU shall cease; (c) User will pay fees for the entire Order Term under all Ordering Documents in effect prior to the termination date, less any fees already paid pursuant to such Ordering Documents; and (d) Survey Ginni may delete User Content, Response Data, and/or any archived data within thirty (30) days after the date of expiration or any termination of this Agreement. Any statutory retention requirements with respect to User Content and Response Data remain User's responsibility. Termination and/ or suspension is subject to Survival clause.
- Subject to any statutory rights you might have, if your account is terminated, access to your username, password and all related information, ?les and content associated with your account may be terminated and your username may be recycled for use by others.
XXIV. SURVIVAL CLAUSE
All covenants, representations and warranties made in TOU continue in full force until TOU has terminated pursuant to its terms and all obligations (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of TOU) have been satisfied. The obligation to indemnify Survey Ginni, intellectual property, confidentiality, dispute resolution, limitation of liability, non-solicitation clause, and all such clause and terms which is capable to survive through termination of the TOU, shall survive until the statute of limitations with respect to such claim or cause of action shall continue.
XXV. SEVERABILITY
If any provision of this TOU is held invalid, illegal or otherwise unenforceable, it shall be deemed modified to render it enforceable while preserving the parties' original intent to the fullest extent, and the rights and obligations of the parties shall be construed and enforced accordingly. If the provision cannot be modified, then that provision will be deemed severed from this TOU and all other provisions will remain in full force and effect.
XXVI. NOTICES AND COMMUNICATION
Notices to User will be effective when Survey Ginni posts them to User's account or sends them to the email address associated with User's account; provided that any notice of breach and/or an indemnifiable claim must be made via email to the email address associated with User's Account. Notices to Survey Ginni will be effective when delivered to [enter email address] and where it is required to make any written communication, shall be made to Add address
XXVII. MISCELLANEOUS PROVISION
- The headings in the Agreement do not affect its interpretation.
- Force Majeure: Survey Ginni will not be liable for any delays or failure in performance of any part of SGP and its services, from any cause beyond Survey Ginni's control. This includes, but is not limited to, acts of God, changes to Laws, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, and acts of hackers or third party internet service providers.
- Remedies: Each Party acknowledges and agrees that any actual or threatened breach of TOU will constitute immediate, irreparable harm to the Survey Ginni for which monetary damages would be an inadequate remedy, that where injunctive relief is an appropriate remedy for such breach, and that if granted, the breaching party agrees to waive any bond that would otherwise be required. If any legal action is brought by a party to enforce the TOU, the prevailing party will be entitled to receive its attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive from the non-prevailing party.
- Assignment. Neither TOU nor any right or obligation under TOU may be transferred, assigned or delegated by User, by operation of Law or otherwise, without the prior written consent of Survey Ginni. Any attempted assignment or transfer in violation of the foregoing shall be null and void ab initio and shall not confer any rights or remedies upon any person or entity not a party hereto. This Agreement may be assigned or transferred by Survey Ginni without the consent of the User. Subject to the foregoing, the Agreement will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
- Relation between Parties- This Agreement does not create a partnership, joint venture, agency, or fiduciary relationship between the parties. Each party will be solely responsible for payment of all compensation owed to its employees, as well as employment related taxes and such other obligations as mandated under law. No rights for third party beneficiaries are created by this Agreement. Nothing in this Agreement is intended to confer any rights or remedies or obligation on any third party.
- Non Solicitation Clause - During the Term, and for a period of one year thereafter, User shall not solicit for hire, on behalf of itself or any other organization, any personnel of Survey Ginni . If User violates this User shall pay Survey Ginni an amount equal to the aggregate compensation paid by Survey Ginni to the solicited employee/ personnel in the six months preceding User's solicitation of such employee.
- Waivers Clause- Any waiver by Survey Ginni must be in writing and signed by an authorized Survey Ginni representative. No waiver by Survey Ginni of any breach of this Agreement shall be a waiver of any preceding or succeeding breach. No failure or delay by Survey Ginni in enforcing any right or provision under TOU shall be construed as a waiver of such right or provision or of any other right or provision.
- Electronic Signatures -This TOU and any Ordering Document may be executed in one or more counterparts, each of which when so executed and delivered or transmitted by facsimile, email or other electronic means, shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
- Survey Ginni may ask you to agree to additional terms for certain of our Services of Survey Ginni.
- Survey Ginni Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. Survey Ginni reserve the right to limit our Services in any country.
- Except as contemplated herein, TOU do not give any third-party beneficiary rights.
- You cannot restrict, waive or modify any clause without our express consent.
- You will not transfer any of your rights or obligations under TOU to anyone else without our prior written consent.
- All of our rights and obligations under TOU are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner who legally acquires business of Survey Ginni.
- Nothing in TOU will prevent us from complying with the law or Order or direction of Court of Law.
- We reserve all rights not expressly granted by us to you.
- Survey Ginni thrive to grow with its User's and always appreciate your feedback or other suggestions about SGP. We may use your feedback or suggestions without any obligation to compensate you for them.