CLIENT TERMS OF SERVICE AGREEMENT AND PRIVACY POLICY

 

Last updated: 27/11/2017

 

www.recogn.in is operated and owned by WATMedia pvt ltd.. WATMedia pvt ltd. owns RECOGN and provides access to the recogn.in website, at the url www.recogn.in and all subdomains under the recogn.in domain and related properties (the "Website"), software, data and materials accessed via the Website (the "Services" or "Properties").

RECOGN is the research & consulting division of WATMedia pvt ltd. (“The Service”), through which any user (referred to as “Client” or as “you”) may order research services / reports. By registering to Recogn.in, the Client has the opportunity to ask RECOGN to create a research report for him/her. Clients using standard Services provided through our website platform are charged for report downloads. However, a Client may request from RECOGN more specialized research. In the latter case, different charges may apply according to a special agreement, negotiated and concluded between Client and RECOGN; the amount owed depends on the scope and nature of work. Additional representation types for data collected maybe charged differently.

Bear in mind that in order to access the above-mentioned RECOGN Service you need to REGISTER.

In order to use our services, you need to conform to and accept the present terms of Service Agreement (“the Agreement”), otherwise you will not have access to our Services.

RECOGN reserves the right to modify the terms and conditions of the present “Agreement” or alter or end its Services at any time at its sole discretion. You are responsible for ensuring that you will regularly review the present Agreement. If you choose to continue using RECOGN Services after any modifications to the present Agreement are made, you will be considered as having fully and unconditionally accepted the aforementioned modifications to this Agreement.

  1. Registration

In order to register and use RECOGN you have to complete the registration process by providing RECOGN all the necessary information requested at the registration form, including email, password, status (Client) or any other information requested by Recogn. You agree to provide only true and accurate information. You further acknowledge that you will control your account and that you are liable for any unlawful act occurring under your account. You are responsible for maintaining the confidentiality of your password or account information, and for restricting access to your device (computer, smart phone etc) so that others may not access any password protected portion of the Website or other Properties and Services using your name, username, or password in whole or in part. You further take full responsibility for all actions and activities performed through your account. You should inform RECOGN for any unauthorized use of your account or any breach of security. RECOGN staff may login to your account from time to time for maintenance or assistance purposes.

  1. Warranties and obligations

In order to be entitled to use or continue to use our services, you acknowledge and you agree that you meet the following conditions:

  1. You have the authority to enter and perform obligations. The services provided by RECOGN are not available to any person without capacity to exercise legal rights or any Client disqualified from the system RECOGN for any reason whatsoever;
  2. You are in compliance with the terms set by this agreement;
  3. You will regularly review Recogn’s agreement in order to be informed on potential changes
  4. You shall not use the Service to transmit content (including questionnaire content which you have formed through the use of our service) that:
    • is defamatory, fraudulent, deceptive, racial, abusive, threatening, harassing, pornographic
    • may infringe intellectual property rights of others such as Copyright, Trademarks, trade secrets, patents or may harm the right of privacy or any other right of any party
    • Is unlawful or encourages or supports illegal activities
    • does not respect and is not in accordance with all standing Laws (including data protection and Protection of Privacy laws)
    • invades privacy of the others
    • competes with Recogn’s activity and interests
  5. By registering to RECOGN you do not gain control over our software or the application through which the participants participate in our surveys.
  6. You shall abstain from any misuse and you shall not engage in any fraudulent or deceptive activity in the course of using our Services, including any fraudulent or deceptive activity which aims at gaining direct or indirect profit, benefit or advantage from any available RECOGN reduced rates, incentives, offers, referral bonuses or other benefits as set by RECOGN from time to time. Service misuse and/or fraudulent/ deceptive activity, as defined above, includes (but is not limited to) acts of virtual impersonation of allegedly different account operators, use of external machines for purposes of false impersonation, taking advantage of possible bug or similar coding errors which may alter or misdirect calculation of due payments to Recogn and dissemination of identical surveys through multiple, allegedly unaffiliated, accounts with a view to make false representations of high user activity. Where such activity is detected by RECOGN monitoring mechanisms, RECOGN may, at its own discretion, immediately block any further use of RECOGN services, disable any fraudulent account, recall all possible offers, benefits, reduced rates and bonuses of which the perpetrator(s) may have taken advantage by means of the aforementioned prohibited activity and request from perpetrator(s) to immediately compensate RECOGN for any caused damage, harm or loss of profit.
  1. Payment

RECOGN charges a set fee to for the use of its Services. The fees corresponding to the use of standard services are indicated on our website. Additional Taxes, if applicable, will be added to the fees mentioned in the price list. Clients should pay only as per the mentioned price at the time of the download.

Invoices will be sent to the e-mail that you have indicated at the registration process. For that reason please make sure that you have registered your current e-mail.

If for any reason you dispute the transactions related to RECOGN services, you must notify RECOGN immediately in writing. In this event RECOGN will decide at its own discretion the validity of amounts to be paid.

RECOGN is entitled to terminate the agreement if you do not pay the relevant costs/fees on time and/or any extra costs (including taxes).

RECOGN reserves the right to change the rates and charge differently for its Services. These changes will not affect the Client who has already paid fees for a survey.

The fee (as indicated on our website) must be paid via credit card or debit card or wire transfer or online banking or prepaid card. You may only order reports if you are considered capable of entering into an enforceable contract in the applicable jurisdiction. You agree to pay in full the prices for the survey that you have commanded either by credit/debit card concurrent with your online order or by other payment means acceptable to RECOGN. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

You are solely responsible for the payment of any banking and transaction costs. Any additional credit or debit charges that may incur due to the transaction will be paid by you and not by RECOGN.

In order to secure the payments through your credit cards, RECOGN collaborates with certified payment service providers operating according to the provisions of the relevant legislation.

In order for the payment to be accomplished, you are directed to a secure page of the collaborating payment service provider which is linked to RECOGN website. There you register your card details, i.e. the full name of the owner of the card, the card number, the expiry date (month and year) of the card, the security code (verifying the authenticity of the card) imprinted in the appropriate space of the card reserved for the signature of the holder (CVV), in order to check the validity of the cards and safely carry out the transaction.

RECOGN does not store the data inserted by you in relation to the number of the card or the card security code verifying the authenticity of the card (for example CVV/VISA or CVC/MC). The service provider collaborating with RECOGN controls the data inserted and informs electronically RECOGN for the approval or the rejection of the transaction.

In case a transaction is rejected, irrespectively of the reason of the rejection (which could be for example default on overdraft, failure of the system of the payment service provider or of the Bank issuing the card) you must ensure the payment, otherwise RECOGN is entitled to block your access to the platform.

  1. Termination

RECOGN reserves the right to terminate this Agreement at any time, without prior notice and without liability, in its sole discretion. RECOGN will prohibit you from using its services if you do not comply with applicable Laws and if you breach this Agreement in any way.

  1. Indemnification

You hereby indemnify and hold RECOGN harmless and agree to defend against any third party claim or action brought against RECOGN or any of its parent, subsidiary or affiliated companies, from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including legal fees and costs) arising out of or in connection with any claim(s) that would constitute a breach of any warranty, representation, covenant or agreement made by you in this agreement. You agree to indemnify and hold RECOGN harmless from any claims, damages/injury and costs, including attorney's fees arising out of or relating to: a) the breach of any term or condition in this Agreement b) the misuse of RECOGN service, c) the violation of all and any applicable law, laws or regulations and/or any violation of any rights of third parties. RECOGN will provide you with written notice of any claim, suit or action from which you must indemnify RECOGN.

  1. Disclaimer

Without limitation of anything else set forth in the present agreement you understand and agree that RECOGN further limits its liability in connection with your use of its properties as set forth:

RECOGN Properties, including, without limitation, all Content, RECOGN Website, the site, the Platform, the panel, the service and the functions made available on or accessed through or sent from the website, are provided "AS IS," "as available, " and "with all faults" without warranties implied or statutory including without limitation warranties of merchantability, fitness for a particular use and non infringement. RECOGN and its parents, subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about:

  1. The RECOGN Website
  2. RECOGN Content
  3. RECOGN platform, panel, service;
  4. RECOGN services and functions made accessible on or accessed through RECOGN Website;
  5. any products or services offered via the website or hypertext links to third parties; and/or
  6. the treatment of any information, content, material or data transmitted by users to the Properties;
  7. security associated with the transmission of information through the properties or any linked site.

RECOGN is trying to build the best service for its users, however, it cannot guarantee the uninterrupted or error-free function of the RECOGN website, platform, panel, service and functions or that the defects will be corrected or that it will be free of viruses. Therefore, RECOGN does not warrant that the RECOGN website, platform, panel, service, functions contained therein are or will be uninterrupted, error-free, accurate, complete or current, that defects will be corrected; or that the Properties or the servers that make them available are free of viruses or other harmful components.

RECOGN is not responsible for any technical issues in relation to any telecommunications or internet network (including in relation to speed or bandwidth), including any injury or damage to entrant’s or any other person’s device related to or resulting from the participation, access or downloading any materials in a RECOGN Survey.

RECOGN reserves its right to terminate at any time your use of its Services, in case of any breach of the present agreement which may impose liability upon RECOGN.

  1. Limitation of liability

Your access to and use the Properties is at your own risk. If you are dissatisfied with the RECOGN website, platform, panel and service your sole and exclusive remedy is to discontinue using RECOGN web site, platform, software, panel and service. RECOGN will have no liability to you or any other party for any loss or damages resulting from claims, demands or actions arising out of or relating to this agreement.

  1. Privacy

RECOGN only collects Registration information about you. In order to use our Services you have to register and create and account providing your e-mail and password.

Your registration information are kept securely and not disclosed to any third party for any other reason than the ones specified hereunder. Your registration information data may be used for contacting you occasionally (for platform announcements, account, activation etc.).

We may work with third-party service providers to provide maintenance services, data analysis, service hosting, and other services for us. These third parties may have access to or process your personal information as part of providing their contracted services to us. We require these third-party service providers to agree to only use the personal information we provide them for the purpose for which it was provided.

We may disclose your information, if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity or other legal process.

We also reserve the right to disclose your information, including personal information, as we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect RECOGN and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Service and our other property; or to protect the rights, property, or safety of us, our users, or other persons or entities.

You can update your registration information at any time. To cancel or delete your account you should contact RECOGN team with your request at [email protected].

  1. Confidentiality relating to use of RECOGN Services

You undertake not to disclose to any third party any financial, technical, legal information relating to RECOGN services, website, software, platform or panel. This confidentiality obligation shall not apply (a) if the Confidential information has already been published by RECOGN or (b) the disclosure the confidential information is required by law or by the competent authorities.

  1. Intellectual; Property rights and others

The past, present and future content of the Properties, including without limitation, copyright works and all intellectual property rights (including Industrial Property rights) such as reports, data, software, logos, trademarks domain names, designs, graphics, pictures, photos, texts, newsletters, etc and any and all copyright material and all other intellectual property right and/or materials related to the Properties (collectively "Content") are the sole property of Varenia CIMS. No rights in or to the Content and/or to the Properties are granted to you.

  1. Governing Law and Miscellaneous

The present Agreement and its interpretation shall be governed by and construed in accordance with the applicable Indian Laws and the parties consent to the exclusive jurisdiction of the court in the New Delhi, India.

In case any of the provisions of this Terms of Use is found to be invalid, it shall not affect the validity of the other provisions that will remain in force.

These Terms of Service/ Agreement refer to regular/ standard services provided by Varenia CIMS, as indicated on the RECOGN website. If you want to conduct a specific survey, which is not included on the targeting options indicated on our website, you can contact us at the e-mail address [email protected], in order to agree on the specific terms of the special survey you want to conduct.

  1. Cookies

This site uses cookies – small text files that are placed on your computer by websites that you visit. These are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies also allow websites to respond to you as an individual.

This site uses cookies to recognise you and allow you to automatically log in without re-entering your username and password each time you visit. The cookies are encrypted and do not save any Personally Identifiable Information or Personal Information about you. If you do not enable cookies, you can still use the site but you will be required to enter your password each time you visit. If you enable cookies you can block or remove them at any time using the settings in your browser. If you block cookies, this may prevent you from taking full advantage of our website.

 

Refunds & cancellation:

There shall be no refunds or cancellation applicable for reports which are paid for and downloaded by the user.

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