Consumer Survey Panel Terms and Conditions

Effective Date:  09 May 2025

 

1.    Acceptance of Terms and Privacy Policies: 
Colart International Holdings Limited (“Colart”, “our”) operates a consumer panel (the “Service”) that allows you and other authorised users who have been invited by Colart to use the Service (each, a “Member” and collectively, “Members”) to communicate with Colart about Colart’s products and services, among other things. These “Terms and Conditions” constitute a binding legal agreement (the “Agreement”) between you and Colart governing your access to and use of the Service, which includes without limitation any software used in connection with or otherwise related to the Service (the “Software”). Survey Monkey provides the platform that supports and hosts the Service.  The Service is offered to you conditioned upon your acceptance of this Agreement and Colart’s Privacy Policy (available at https://www.colart.com/en/privacy-policy/), incorporated in this Agreement by reference. Your use of the Service constitutes your acceptance of this Agreement and our Privacy Policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR OUR PRIVACY POLICY, YOU MUST NOT USE OR ACCESS THE SERVICE.

2.    Age Restriction: To participate in the Service, you must be at least 14 years of age or older or such other greater age depending on the country in which you reside to use the Service.

3.    Changes to Terms and Conditions: Colart reserves the right to change these Terms and Conditions at any time, and such modifications will be deemed effective immediately upon Colart’s online posting and/or any other provision to you of the modified terms, as applicable, and if you use the Service after the changes become effective, it will signify your agreement to be bound by the changes. You are responsible for ensuring that you are aware of, and in compliance with, the most recent version of these Terms and Conditions at all times. If you do not agree to any future changes made by Colart, your sole and exclusive remedy is to stop using the Service. Unless explicitly stated otherwise, any new features or products that change, augment, or enhance the current Service will be subject to these Terms and Conditions. 

4.    License; General Prohibitions Regarding Your Use of the Service:  Colart grants you a personal, limited, revocable, non-transferable, non-assignable, and non-exclusive right and license to use the Service and the Software on a single computer. Your right to use the Service and the Software is personal (i.e., for you only). Colart reserves the right, at any time, in its sole and absolute discretion, to modify, suspend, cancel, terminate, refuse access or otherwise discontinue, temporarily or permanently, the Service. You may not use the Service or the Software, in whole or in part, for any purpose that is unlawful in any way, that may cause Colart (or any of its licensors, including without limitation Survey Monkey) legal liability of any kind or nature (either civilly or criminally), that may disrupt the Service or disrupt others’ use of the Service, that may be considered by Colart to be any of the following: harassing, libelous, invasive of anyone’s privacy, defamatory, obscene, illegal, harmful, incendiary, discriminatory, prejudice, offensive, hostile, and/or pornographic, that may be prohibited by these Terms and Conditions. You may also not use the Service or the Software for any commercial purpose of any kind or nature. You agree not to modify, rent, lease, loan, reproduce, duplicate, copy, sell, distribute, otherwise exploit, or create derivative works based on, the Service and/or the Software, in whole or in part, or any Content (as defined in Section 9 below) contained therein. 

5.    Member Details: To become a Member of the Service, you must provide specific information online, including without limitation your full name, e-mail address, date of birth and country of residence. Colart will use your e-mail address to send you notifications of surveys   and upcoming activities on the Service, among other things. You agree to: (a) provide true, accurate, current, and complete information as prompted by the Service’s registration process (collectively, the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times. All Registration Data and whatever other information about you that we receive from you through your use of the Service is subject at all times to the terms of Colart’s Privacy Policy. 

6.    Colart Owns Your Member Content; Member Representations; No Compensation for Member Content: 
 
6.1    As between you and Colart, Colart will solely own all Member Content posted or provided by you on the Service and you hereby assign to Colart such Member Content at the time of posting or providing such information on the Service. To the extent that any Member Content is not assignable to Colart, you hereby grant, and represent and warrant that you have the right to grant to Colart, a worldwide, irrevocable, sublicensable, transferable, exclusive, royalty-free, and perpetual right and license to use, host, reproduce, translate, distribute, modify, perform, publish, create derivative works from, and/or publicly display all Member Content posted or provided by you on or through the Service, in whole or in part, for any purpose, in or on any and all media now known or hereafter devised, and alone or together with or as part of other information, content and material of any kind or nature. Without limiting the generality of the foregoing, Colart may disclose and use Member Content in its good faith discretion, subject to our Privacy Policy and applicable law.  
 
6.2    You represent, warrant, and promise to Colart that: (a) the Member Content is your original work and that you have the right to assign (or license as applicable) to Colart the Member Content posted by you on the Service, (b) your posting or transmitting of Member Content on or through the Service and Colart’s exercise of their rights you grant hereunder, does not/do not, and will not, violate Section 9 (Member Content) or infringe, violate, or otherwise misappropriate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, confidentiality rights, or any other rights of any kind or nature of any person or entity at any time (or otherwise violate any law, rule, or regulation, and/or the terms hereof), and (c) Colart will not be required to pay or incur any sums to any person or entity as a result of its exercise of its rights hereunder.   
 
7.    Term; Termination/ Opt out: These Terms and Conditions (as amended from time to time) shall remain in full force and effect at all times while you are a Member.  You may terminate/ opt out of your membership at any time and for any reason upon your provision of written notification to us. You understand and agree that the termination/ opt out of your membership is your sole right and remedy with respect to any dissatisfaction you may have with the Service, subject to applicable law and Colart’s Privacy Policy. Colart may terminate or suspend your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability other than as expressly provided.  Even after a membership is terminated, the terms hereof that, by their very nature, are intended to survive termination or expiration, shall so survive.   

8.    Member Content:

8.1    All information, data, text, software, music, sound, images, graphics, video, messages, questions, responses, goods, products, services, and/or any other materials of any kind or nature (individually and collectively, “Content”) posted by Members on the Service (individually and collectively, “Member Content”) shall be the sole responsibility of the Member from whom such Member Content originated. This means that you, and not Colart, are entirely responsible for all Member Content that you upload, post, transmit, or otherwise make available, directly or indirectly, on the Service, including without limitation personally identifying information and/or other sensitive data of any kind.  
 
8.2    Colart reserves the right (without the obligation) to monitor, pre-screen, reject, remove, or edit any Member Content for any reason in its sole discretion and without notice.    

9.    Service Content: The Service contains information, data, text, software, music, sound, photographs, graphics, video, messages, advertising, links to web sites, and other materials (collectively, “Service Content”) provided by Colart and/or its licensors and other third parties (collectively, “Content Suppliers”). Subject to applicable law, Colart is not responsible or liable, directly or indirectly, in any way for any Service Content and/or for any damage, injury, claim, cost, destruction, or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Service Content. Subject to applicable law, Colart hereby disclaims any warranty, express or implied, in connection with any such Service Content. Colart may, but is under no obligation to, pre-screen Service Content.    
 
10.    Colart’s Proprietary Rights: As between Colart and you, all right, title and interest in and to the Service, the Software, and any Service Content (including any intellectual property rights contained in any of the aforementioned) is and will remain the sole property of Colart or the respective owner.  You may not exploit, distribute, sell, lease, modify, amend, copy, use, or incorporate any of the Service, the Software, or the Service Content (including without limitation any artwork, trademarks, or logos of Colart) at any time, and/or exploit such Service, Software or Service Content, in whole or in part, in any public or commercial manner, or otherwise in violation of the terms hereof or any other applicable policy of Colart. “Service Content” means information, data, text, software, music, sound, images, graphics, video, messages, advertising, links to web sites, and other materials contained in the Service that is provided by Colart or Content Suppliers. “Content Suppliers” means third parties who provide Service Content for use in the Service.    
 
11.    Links to Third Party Sites: The appearance, availability, or your use of URLs or links referenced or included anywhere in the Service or any other form of link or re-direction of your connection to, with or through the Service, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, Colart, any of their successors and assigns. We do not verify, endorse or have any responsibility for any such third-party sites, their business practices (including their privacy policies), or any of their goods or services. 

12.    Indemnification: You agree to indemnify, defend, and hold harmless Colart and Colart’s shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents, advisors, partners, technology licensors, software vendors, suppliers, Content Suppliers, and assigns, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising out of, directly or indirectly: (a) your use of the Service (including, without limitation, the Service Content, Software and any Member Content) in violation of this Agreement; (b) your breach of any representation, warranty, or covenant contained in this Agreement; (c) any Member Content posted or transmitted by you on or through the Service; (d) your acts and omissions; and (e) your negligence, intentional misconduct, or violation or alleged violation of any law or any rights of any third party. Colart reserves the right (but is not obligated), at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you hereunder, and in such event, you will have no further obligation to provide indemnification for such matter; provided, however, that you will use best efforts to cooperate with Colart in such defence and shall be fully responsible for all costs associated therewith.  
 
13.    Prize Promotions:  If Colart offers an incentive, sweepstakes, skill-based contest, or other promotion to Members (each, a “Promotion”), the terms and conditions of these Terms and Conditions will apply along with the official rules specifically created for any such Promotion. To the extent that any provision of any such official rules conflicts with any of the terms hereof, the terms of the official rules shall prevail, subject to applicable law. Eligible Members can participate in a Promotion by following the instructions provided in any notification from Colart about a Promotion (“Solicitation”).  Specific methods of entry and prize details will be set out in the Solicitation.   
 
14.    DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, YOUR USE OF THE SERVICE, THE SOFTWARE, AND ALL CONTENT OF ANY KIND CONTAINED THEREIN OR DERIVED THEREFROM, IS AT YOUR SOLE RISK. COLART AND COLART’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE SERVICE, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  
 
15.    LIMITATION OF LIABILITY: SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL COLART OR ANY OF COLART’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, DIRECTLY OR INDIRECTLY, EVEN IF COLART OR ANY OF COLART’S PARTNERS, TECHNOLOGY LICENSORS, SOFTWARE VENDORS, SUPPLIERS AND CONTENT SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COLART’S AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE SERVICE OR THIS AGREEMENT (OR ANY OTHER AGREEMENT ENTERED INTO BY YOU WITH COLART IN CONNECTION WITH YOUR USE OF THE SERVICES) EXCEED £500.00.

16.    Governing Law and Jurisdiction: This Agreement will be governed by, construed, and enforced in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

17.    Conflicts between these Terms and Conditions and Other Terms: Except with respect to any official rules for a Promotion, if any provision contained in this Agreement conflicts with any provision in any other terms available on the Service (including without limitation any terms of use or terms of service), the provision contained in this Agreement shall prevail.

18.    General: If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches Colart’s intent as expressed in the original provision and the remainder of this Agreement will continue in full force and effect. Colart may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement (in whole or in part), by operation of law or otherwise, without the prior written approval of Colart in each instance, and any such attempted assignment will be null and void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties hereto, their successors, and permitted assigns. The failure of Colart to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement (including whatever documents the Colart has specifically referenced herein as applicable) sets forth the entire understanding and agreement between Colart and you with respect to the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Colart with respect to the Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. This Agreement will not be interpreted or construed to create an association, joint venture or partnership between the parties, or to impose any partnership obligation or liability upon any party. Neither party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of the other party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

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