By registering for, accessing, using, and/or participating in, the Services and/or the Site or any application, product, software through the same (all of them, collectively with the Site, referred as the "Platform"), you hereby expressly agree to comply with and be bound by these Terms. If you do not agree to the Terms, you should not access the Site or use the Platform.
1.1. All references in these terms to "OPINAIA" include OPINAIA S.A., its subsidiaries and affiliates. All references in these Terms to "us" or "we" refer to OPINAIA.
1.2. OPINAIA reserves the right to refuse, restrict, prohibit or reject your access to, use of, and/or participation in the Services, at any time and for any reason. The Services are only available to individuals who are eighteen (18) years of age or older. If you are over the age of fourteen (14) years but do not reach the age of eighteen (18) years, therefore not complying with the minimum age requirement, it will be presumed that your parents or legal guardian have read and accepted these Terms.
Only one (1) account per person is allowed.
2.1. OPINAIA provides Users and non-Users with the opportunity to participate in surveys. Participation in surveys is voluntary. By agreeing to become a User, you agree to receive invitations to participate in surveys.
2.2. The Services are for personal, non-commercial use. You may use the Services only when and as available. OPINAIA reserves the right to change, modify, eliminate, and/or restrict or block access to, all or any part of the Services, without notice, at any time, and without the need for any reason.
2.3. Certain features of the Platform require creating a user account by the means allowed thereof. You are solely responsible for maintaining the security of your user account, including your password, and all activity conducted with your account. You agree to notify OPINAIA immediately of any unauthorized use of your user account or password, or any other potential or actual breach of security.
3.1. In order to register as a User, you must register with or for the Panel and provide certain personal information. Users are required to truthfully provide all information. OPINAIA reserves the right to restrict or prohibit your use of, access to and/or participation in the Services if you provide, or OPINAIA reasonably suspects that you have provided, information that is untrue, inaccurate, not current, or incomplete.
3.2. OPINAIA will either: (i) issue a user name and password to a User, or (ii) permit a User to create his/her own user name and password. Users are solely responsible for the security of their user names and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts. OPINAIA strongly recommends against the use of a social security number, financial account number or any other identification or account number, as a user name or password.
3.3. You acknowledge that you are accessing, using and/or participating in the Services in the capacity of an independent contractor and that no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
4.1. By using the Platform and the Services, you agree to comply with these Terms and with all local laws regarding Internet conduct and acceptable content, and not to incur in any of the prohibited uses of the Platform (hereinafter the "Prohibited Uses"). Prohibited Uses include but are not limited to: (i) use of spiders, robots or other automated data mining techniques to catalogue, download, store or otherwise reproduce or distribute data or content available in connection with the Services, or to manipulate the results of any survey, prize draw or contest; (ii) take any action to interfere with any Website(s) or an individual's use of any Website, including, but not limited to, by overloading, "flooding", "mail bombing" or "crashing" any Website; (iii) send or transmit any viruses, corrupted data or any other harmful, disruptive or destructive code, file or information, including, but not limited to, spyware; (iv) collect any personally identifiable information of or about any other user of the Services; (v) send unsolicited emails, including, but not limited to, promotions and/or advertising of products or services; (vi) open, use, or maintain more than one (1) membership account with a Panel; (vii) Forge or mask your true identity; (viii) frame a portion(s) of any Website within another website or alter the appearance of any Website; (ix) establish links from any other website to any page of, on or located within any Website or to the Services, without the prior express written permission of OPINAIA; (x) post or transmit any threatening, libellous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein); (xi) engage in any fraudulent activity, including, but not limited to, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes and/or incentives through false or fraudulent means, and tampering with surveys; (xii) reverse engineer any aspect of the Services or do any act or take any action that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws; (xiii) engage in any criminal or illegal act(s); (xiv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xv) encourage and/or advise any individual, including, but not limited to, any OPINAIA employee, to commit any act(s) prohibited hereunder.
You acknowledge and agree that OPINAIA will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena).
5.1. In connection with your use of, access to and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products and content ("Restricted Content") belonging to OPINAIA and/or OPINAIA's clients, partners and/or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain nor receive any right, title and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile or otherwise use, alter or transfer Restricted Content without the prior express written consent of OPINAIA. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations and prohibitions contained in this Section, in addition to any other rights or remedies available to OPINAIA, OPINAIA reserves the right to terminate, prohibit or restrict your use of, access to and/or participation in the Services.
6.1. You are solely liable and responsible for all content, materials, information and comments you use, upload, post or submit in connection with the Services ("User Content"). You are solely responsible for all third party approvals, consents and/or authorizations required for User Content.
6.2. In order to identify the specific survey, you will need to provide OPINAIA with your email address and information on the specific survey (e.g., survey number, survey topic or subject matter, date you completed the survey, etc.).
6.3. You are solely responsible for User Content. OPINAIA does not and cannot review all User Content and OPINAIA is not responsible for User Content. OPINAIA reserves the right to delete, move or edit User Content that is, in OPINAIA's sole discretion, deemed to: (i) violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene or otherwise unacceptable.
6.4. With respect to User Content, you grant to OPINAIA (and its successors, assignees, and third party service providers) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit the content solely for purposes of providing you with access to and the appropriate use of the Platform. This means that OPINAIA can´t show your User Content to any person other than you or the people that you share your Private User Content with. The "publicly display" and "publicly perform" licenses are required precisely in order to be able to show your User Content to the people that you appoint, and only for that purpose.
7.1. When you are invited to complete a survey, you will be offered the right to receive an incentive, entries into draw prize or sweepstakes, or the right to accumulate rewards. The type of incentive will be included in the invitation to complete the survey. Incentives may be in the form of coins. Information, official rules and terms and conditions for rewards, incentives and prize draws or sweepstakes may be available in these Terms, on the Website for a Panel, at the beginning or end of a survey, in survey invitations, on the website(s) or webpage(s) for redeeming rewards, incentives, and prizes, and/or may be described in any newsletter or other communication distributed or published by OPINAIA. When you register in OPINAIA you will receive 50 coins as a welcome gift.
7.2. You have the right to receive coins when you have completed the entire survey, if you intended to complete the survey but you were excluded because you did not have the required profile, or because you were unable to do so because people with the same profile as you did before. If you participate in surveys giving blasphemous, incoherent or meaningless answers, your right to the incentive will be denied.
7.3. Your account will be updated or credited each time you win coins in a survey. In most cases the account will be credited a few minutes after completing the survey, but you must allow up to 24 hours for the credits to appear. When you redeem your coins in the draws, or in donations, a validation process will be initiated for your coins; once approved, they will be debited from your account.
7.4. All coins posted to a User's account do not expire as long as you remain as an active user of OPINAIA and as long as the coins program remains in force. User accounts are not actual bank or financial accounts and do not accrue or accumulate interest of any kind. An "active user" is a user registered in the past 12 months or who has completed (or tried to complete) at least one survey in the past 12 months and has not been excluded due to account misuse or whose email address has not become invalid. If there is an error, OPINAIA reserves the right to make adjustments to the member's coin account. If you have any questions, you may contact us at email@example.com. In the event that any coins or incentives have been erroneously posted to a User's account, OPINAIA may remove them from the User's account.
7.5. Coins posted in connection with the Services do not constitute property of the User, cannot be transferred during or after the User's life, by operation of law or otherwise, and have no value until presented by the User for redemption in accordance with these Terms.
7.6. All redemptions are final and incentives may not be returned for credit except otherwise provided in these Terms or otherwise agreed to in writing by an authorized representative of OPINAIA. Coins will be deducted from the User's account at the time the redemption request is made.
7.7. Sweepstake. You may redeem your coins for chances in monthly sweepstakes. You have access to the sweepstakes when you are an active OPINAIA panelist. The winning ticket of every sweepstake will be selected at random among all the people who are part of OPINAIA. Prizes and Chances of Winning: every month there is a definite number of sweepstakes in the region. In every sweepstake one winner (unless otherwise specified) will be selected as the winner of the prize indicated. Prizes may include consumer goods or the chance to win more coins. The prize will be stated at the time of redeeming your coins.
7.8. Direct Redemption. Among OPINAIA's, redemption options catalogue, you may choose to win prizes directly by redeeming your collected coins. Redemptions will be considered successful once the user has selected the prize from within the store prize offer, provided it possesses enough coins for the transaction. Prizes and Chances of Winning: The prize offer is subject to availability and will be updated frequently, renewing redemption options. The prize is chosen by the user at the time of coins redemption.
7.9. OPINAIA may modify, alter, delete or add new terms and conditions for its rewards program or the Services at any time without notice. For OPINAIA this includes, but is not limited to, modifying, altering, adding or deleting point values, redemption levels, conversion ratios, conditions for status, conditions for membership and conditions for earning incentives or rewards, at any time. In addition, OPINAIA may terminate or cease offering any incentive or reward in connection with OPINAIA's rewards program, at any time without notice.
7.10. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COINS, DOLLARS, INCENTIVES OR REWARDS EARNED THROUGH THE SERVICES MAY BE SUBJECT TO TAX, WHICH IS THE SOLE RESPONSIBILITY OF THE USER. OPINAIA may provide you and/or the appropriate government agency or taxing authority with information related to any payments or incentives you earn in connection with your use of the Services. You agree to provide OPINAIA with all required information to assist OPINAIA in complying with its reporting or withholding obligations. OPINAIA may withhold any tax from any incentive or reward as required by applicable law.
7.11. OPINAIA shall use reasonable efforts to ensure that coins are credited and debited appropriately; however, panelists should review their accounts to ensure that their account correctly identifies the posted coins, incentives, or rewards, and reflects the appropriate redemption transactions. If you feel that your account was not credited or debited correctly or reflects incorrect redemption transactions, please send an email to firstname.lastname@example.org. Any email sent to OPINAIA should include the panelist's name, email address and specific information on the subject matter. OPINAIA shall use reasonable efforts to investigate the matter and to respond back to the panelist promptly. OPINAIA's decision is final and binding.
7.12. The suppliers or providers of the products or services offered in connection with OPINAIA's rewards program and/or the owners or operators of the website(s)/webpage(s) on which redemption transactions occur, may have their own terms and conditions; please review these terms and conditions carefully. Online purchase vouchers will be informed at the time of redemption and/or sent by email to the account provided by the winner. In case of physical products, these will be sent to the address that has been informed by the panelist, or a branch of our supplier, if so indicated. The time taken for the delivery of prizes may vary according to the user´s country and place of residence. The expected delivery time will be informed to the user by email.
7.13. If a User elects to donate coins to one of the charities approved by OPINAIA, OPINAIA will donate said coins to the selected charity. The donation is not made by or on behalf of OPINAIA and OPINAIA does not and will not match any donation. Please note that the donation option is not available on every panel owned and/or operated by or on behalf of OPINAIA. Please check the redemption options available for the panel to which you belong.
9.1. By using the Platform, you represent and warrant that, (a) you will not infringe or otherwise violate the copyright, trademark or other intellectual property rights of any third party; and (b) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish and/or disseminate their name and/or likeness through the Platform.
9.2. OPINAIA makes no representations or warranties of any kind, express or implied, regarding any product or service received in connection with OPINAIA's rewards program, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. OPINAIA is not, and will not be, liable or responsible for the performance of, or for the failure of the performance of, any product or service for which points or dollars, incentives or rewards are redeemed. In addition, OPINAIA is not and will not be responsible or liable for any cost, damage, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of, or defect in, any product or service for which points, dollars, incentives or rewards are redeemed. OPINAIA will not replace any lost, stolen, misplaced or damaged incentives or rewards.
10.1. THE SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS". OPINAIA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, AND ANY USER CONTENT. FURTHER, OPINAIA HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. OPINAIA DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY OR FUNCTIONS CONTAINED IN THE SERVICES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SERVICES AND MAKE THE SERVICES AVAILABLE WILL BE CORRECTED OR THAT THE SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPINAIA DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SERVICES.
11.1. OPINAIA hereby reserves the right, in OPINAIA's sole discretion, to make changes to these Terms. OPINAIA encourages you to review these Terms on an ongoing basis. OPINAIA will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to, and/or participation in the Services does and will to constitute your acceptance of these Terms as amended.
12.1. You agree to indemnify, defend and hold harmless OPINAIA and its parent, affiliated and subsidiary companies and its/their respective members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, but not limited to, reasonable attorneys' fees and court costs, arising out of, resulting from or caused, either directly or indirectly, by: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Services.
13.1. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL OPINAIA BE LIABLE OR OTHERWISE RESPONSIBLE TOWARDS YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER OPINAIA IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
14.1. You acknowledge and agree that you will comply with all applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements ("Applicable Laws") regarding your use of, participation, in, and/or access to the Services.
15.1. Either party may terminate your membership with a Panel at any time, with or without cause, without the need for any reason to do so, and without liability for such termination.
15.2. In addition to any and all other available remedies, OPINAIA may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Services if you have breached or violated any section of these Terms or the Incentive Program.
15.3. In addition, OPINAIA reserves the right to de-activate your account: (a) if your membership account does not remain Active (as defined herein); (b) if OPINAIA receives a hard bounce or delivery failure notice in regards to email communications sent by OPINAIA to your email account; or (c) if OPINAIA receives a "mailbox full" reply notice three (3) times in regards to email communications sent by OPINAIA to your email account. For the purpose of these Terms, "Active" means that you: (i) participate in a survey at least once every six (6) months; or (ii) update your profile or member information at least once every six (6) months.
16.1. OPINAIA may send you notice, including those relating to changes in these Terms, by email, postal mail, or postings on the site. The postal address of OPINAIA is:
OPINAIA S.A.: 2464, 11 DE SEPTIEMBRE DE 1888, 3rd Floor, City of Buenos Aires, Argentina.
Attn: Legal Department or via email to: email@example.com
16.2. If you have questions or concerns regarding these Terms, please contact us by writing to us at firstname.lastname@example.org, or via our postal address.
17.1. If any part of these Terms and Conditions is deemed invalid or unenforceable, such provision shall be abolished, notwithstanding the subsistance of the rest of its provisions.
17.2. This Terms and Conditions constitute the entire agreement between you and OPINAIA, which governs your use of the Platform, and supersedes any prior agreements between you and OPINAIA with respect to the same. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from OPINAIA.
18.1. These Terms and your access to, use of or participation in the Services shall be governed by and construed in accordance with the laws of Argentina, without regard to any portion of any choice of law principles that might provide for application of a different jurisdiction's laws. All claims or disputes arising from or in connection with these Terms and/or your access to, use of or participation in the Services shall be subject to the exclusive jurisdiction of the local or Federal courts located in Buenos Aires, Argentina.
19.1. The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. OPINAIA's failure to enforce a breach by you of these Terms does not imply a waiver nor releases you from being held liable for such breach. Indeed it neither implies a waiver, nor release or prevent OPINAIA from enforcing any subsequent breach by you of these Terms. These Terms and any rules, terms or policies referenced or incorporated herein, and any Panel-specific requirements, represent the entire understanding and agreement between OPINAIA and you with respect to the subject matter hereof.