The Terms and Conditions (“Terms”) describe how we at Wink regulate your use of the website – https://winkhq.com (the “Website”).
Please read the following information carefully to understand our policy regarding your use of the functionality and services available on the Website.
We may change the Terms at any time. We will inform you in advance of the changes to the Terms using the available means of communication (for example, in-built notification, email, or chat).
2. YOUR ACCOUNT
You may create an account by filling out specific forms using your password and other necessary information.
When using the Website, you shall be responsible for ensuring the confidentiality of your account, password, and other credentials and for secure access to your device. You shall not assign your account to anyone. We are not responsible for unauthorized access to your account that results from misappropriation or theft of your account. We may, at our discretion, and on reasonable grounds, refuse or cancel service, terminate your account, and remove or edit content.
Generally, we do not knowingly collect personal data from persons under the age of 13 (thirteen). If you are under 13 (thirteen) years old, you may not use the Website and may not enter into the Terms. Some countries may have other age threshold and if that age threshold applies to our Website, we will consider the applicable age threshold.
3. SERVICES, PAYMENTS, AND CANCELLATIONS
The Website allows you to use services available on the Website. The Website offers research services for companies and individuals of all kind (hereinafter the “Services”). The more detailed explanation of all features of the Services is available on the Website.
You shall not use the Services and Website for the illegal, immoral or inappropriate purposes The Services may not be abused and we provide some guidelines/answers in our FAQ section.
We may, at our sole discretion, set fees for using the Website or services. All fees are published separately on relevant pages on the Website. We may, at our sole discretion, at any time, change the fees with a 5 working days notice.
We may have several options of Services. Certain options may be, at our discretion, provided to you free-of-charge but, mainly, the Services require payment before you can access or use them.
You may purchase a paid subscription by paying a subscription fee in advance on a monthly or annual basis or some other recurring interval disclosed to you prior to your purchase on the Website. We may change the price of the subscription fee, at our sole discretion, with a 5 working days notice. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the subscription prior to the price change.
Your Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We shall not refund any subscription fees already paid to us, except cases when the refund rights apply.
We provide a 14 days refund period. You may request a full refund of any unused survey credits or uncollected responses paid 14 days starting from the day you sign-up for any of the Services, excluding any premium add-on services that incur additional costs.
Refunds are applicable for first subscriptions only, continued use or renew of the subscription does not entitle you to receive a refund.
Beyond that 14 days window of your first subscription, no refunds are possible under any circumstance, including unused time. Promotions, upgrades, and adjustments to existing plans are non-refundable. You are responsible to use the service after payment.
4. THIRD PARTY SERVICES
The Website may include links to other sites, applications, and platforms (hereinafter the “Linked Websites”).
5. PROHIBITED USES AND INTELLECTUAL PROPERTY
We grant you a non-transferable, non-exclusive, revocable license to access and use the Website from one device in accordance with the Terms.
You shall not use the Website for unlawful or prohibited purposes. You may not use the Website in a way that may disable, damage, or interfere in the Website.
All content present on the Website includes text, code, graphics, logos, images, compilation, software used on the Website (hereinafter and hereinbefore the “Content”) is our property or of our contractors and protected by intellectual property laws. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, scratch, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Website shall not entitle you to make any illegal and prohibited use of the Content, and in particular, you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use unless otherwise authorized by us. We do not grant you any licenses to our intellectual property unless otherwise provided in the Terms or individual agreement.
Nevertheless, we may provide exceptions regarding the use and licence conditions of the Content. In such a case, we may allow you to use some of the Content in a particular way.
6. OUR MATERIALS
By posting, uploading, inputting, providing or submitting any content you are granting us to use the content in connection with the operation of our business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate the content; and to publish your name in connection with the content. Such content is an inalienable part of the Content.
No compensation shall be paid with regard to the use of your content. We shall have no obligation to publish or enjoy any content/idea you may send to us and we may remove your content at any time.
By posting, uploading, inputting, providing or submitting content you warrant and represent that you own all of the rights to the content.
7. DISCLAIMER OF CERTAIN LIABILITIES AND LIMITATION
THE INFORMATION AVAILABLE ON THE WEBSITE MAY INCLUDE TYPOGRAPHICAL ERRORS OR INACCURACIES. WE SHALL NOT BE LIABLE FOR THOSE INACCURACIES AND ERRORS.
WE MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, RELIABILITY, SUITABILITY, AND TIMELINESS OF THE CONTENT CONTAINED ON AND SERVICES AVAILABLE ON THE WEBSITE. TO THE MAXIMUM EXTENT ALLOWED BY THE APPLICABLE LAW, ALL SUCH CONTENT AND SERVICES ARE PROVIDED ON THE “AS IS” BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THIS CONTENT AND SERVICES, INCLUDING WARRANTIES AND PROVISIONS OF MERCHANTABILITY, FITNESS FOR A CERTAIN PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF ENJOYMENT, DATA OR PROFITS, IN THE CONNECTION WITH THE ENJOYMENT OR EXECUTION OF THE WEBSITE IN THE CONTEXT OF THE INABILITY OR DELAY TO ENJOY THE WEBSITE OR ITS SERVICES, OR FOR ANY CONTENT OF THE WEBSITE, OR OTHERWISE ARISING OUT OF THE ENJOYMENT OF THE WEBSITE, BASED ON CONTRACT AND NON-CONTRACT LIABILITY OR OTHER REASON.
THIS RULE SHALL NOT AFFECT YOUR RIGHTS AS A CONSUMER. IF THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, WHETHER CONSEQUENTIAL OR INCIDENTAL, ARE PROHIBITED IN A PARTICULAR CASE/COUNTRY, THE EXCLUSION OR LIMITATION OF LIABILITY SHALL NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless us, our managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Website or its Services/Content and our Services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. We have the right to assume the exclusive defense and you shall cooperate with us in asserting any available defenses.
9. TERMINATION AND ACCESS RESTRICTION
We may terminate your access and account to the Website and its related Services or any part at any time, without notice, in case of your violation of the Terms or misappropriate behavior.
The governing law of the Terms shall be the substantive laws of the country where our company is set up, except the conflict of laws rules. You shall not use the Website in jurisdictions that do not give effect to all provisions of the Terms.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
No joint venture, partnership, employment, or agency relationship shall be implied between you and us as a result of the Terms or use of the Website.
Nothing in the Terms shall be a derogation of our right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Website.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and us.
The Terms constitute the entire agreement between you and us regarding the enjoyment of the Website and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and us.
We and our affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond our reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of our control.
In case of controversies, demands, claims, disputes, or causes of action between us and you relating to the Website or other related issues, or the Terms, you and we agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where our company is set up.
We are committed to resolving any complaints about the Terms. If you would like to make a complaint regarding the Terms or our practices in relation to your personal data, please contact us via [email protected]
We will reply to your complaint as soon as we can and in any event, within 30 days. According to the applicable law, in some cases, we may prolong the term.
We hope to resolve any complaint brought to our attention, however, if you feel that your complaint has not been adequately resolved, you may contact your local authority.
12. COPYRIGHT POLICY
If you are a copyright holder, or its agent, and you believe that any of the copyrighted material which is directly available via the Website or Services infringes your copyrighted work, please let us know. A notice of alleged copyright infringement may be sent to at the following address:
Wink Research LTD
71-75 Shelton Street, Covent Garden, London, WC2H 9JQ
A notification of alleged copyright infringement shall include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:
- A physical or electronic signature of the owner (or person authorised to act on behalf of the owner) of the copyright that is allegedly infringed;
- Specific identification of each copyrighted work claimed to have been infringed;
- A description of where the material believed to be infringing is located on the Website or the Services (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
- Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
13. CONTACT INFORMATION