USER / CLIENT TERMS OF SERVICE AGREEMENT AND PRIVACY POLICY

Last updated: 28/01/2019

 

www.vareniacims.com is operated and owned by Varenia Consumer Insight & Measurement Solution Pvt. Ltd. Varenia CIMS Inc. ("Varenia CIMS" or "we" "our" or "us") owns or controls Varenia CIMS services, and provides access to the VareniaCIMS.com website, at the url www.VareniaCIMS.com and all subdomains under the VareniaCIMS.com domain and related properties (the "Website"), software, data and materials accessed via the Website (the "Services" or "Properties").

Varenia CIMS is an on-line survey order platform (“The Service”), through which, any user (referred to as “Client” or as “you”) may order surveys. By registering to Varenia CIMS, the Client has the opportunity to ask Varenia CIMS to create a survey for him and address the survey to the specific public he targets. Clients using standard Services provided through our website platform are charged for completed surveys. However, a Client may request from Varenia CIMS more specialized Surveys. In the latter case, different charges may apply according to a special agreement, negotiated and concluded between Client and Varenia CIMS; the amount owed depends on criteria such as targeting criteria and surveys length. Additional representation types for data collected maybe charged differently. Respondents of the surveys may enter a draw for a prize when completing a survey (if and whenever such a Prize is set by Varenia CIMS or a Client)..

Bear in mind that in order to access the above-mentioned Varenia CIMS 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.

Varenia CIMS 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 Varenia CIMS 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 Varenia CIMS you have to complete the registration process by providing Varenia CIMS all the necessary information requested at the registration form, including email, password, status (Client) or any other information requested by Varenia CIMS. 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 Varenia CIMS for any unauthorized use of your account or any breach of security. Varenia CIMS staff may login to your account from time to time for maintenance or assistance purposes.

  1. Data collected

Data we collect from survey-respondents through Varenia CIMS-enabled apps/websites, Telephonic calls or face to face interviews and what survey-respondent data we may share with you, are subject to in our Survey Respondent Privacy Policy which constitutes part of this agreement. You understand and agree that Varenia CIMS may share with you only such data as are designated in the aforementioned privacy policy document, as may be amended from time to time, and none other. You may exceptionally receive the respondent/participant’s e-mail (or other direct personal information such as telephone number, name, address etc.) only if the respondent/participant provides this information voluntarily.

Varenia CIMS takes all necessary action to comply with ESOMAR and MRSI Guidelines

  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 Varenia CIMS are not available to any person without capacity to exercise legal rights or any Client disqualified from the system Varenia CIMS for any reason whatsoever;
  2. You are in compliance with the terms set by this agreement;
  3. You will regularly review Varenia CIMS’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:
  5. By registering to Varenia CIMS you do not gain control over our software or the application through which the participants participate in our surveys.
  6. Surveys are distributed by Varenia CIMS based on agreed targeting options with you;
  7. Once you have completed and submitted the survey and determined the public that you target, you will not be allowed to make any amendments on the questionnaire or the targeted public;
  8. You can incentivize the participants in any way you wish to in order to participate in the survey and reward them for a completed survey received. Varenia CIMS will not be responsible for the delivery/collection of those incentives/gifts in any way, unless otherwise agreed in writing (in case a specific survey has been ordered by a Client). In case you choose to set a prize, you shall be responsible for setting fair procedures of winner-selection and delivery, for which you must notify the user. You shall also provide the user contact detail in order for the user to be able to directly contact you for any inquiries about the set prizes and their delivery.
  9. 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 Varenia CIMS reduced rates, incentives, offers, referral bonuses or other benefits as set by Varenia CIMS 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 Varenia CIMS 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 Varenia CIMS’s monitoring mechanisms, Varenia CIMS may, at its own discretion, immediately block any further use of Varenia CIMS 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 Varenia CIMS for any caused damage, harm or loss of profit.
  1. Survey Respondents’ Data

You will have access to the data received from the survey either by logging in with the id and password that you have acquired at the registration stage or Varenia CIMS may send them to you by email upon special request. Data we collect from survey-respondents and what particular data we may share with you are defined in our Privacy Policy which constitutes part of this agreement. Please note that Direct Personal data such as the name, address, telephone number or e-mail address of the user-participant is not shared with you by Varenia CIMS unless the user-participant provides this information voluntarily.

You hereby agree and warrant that any data which may be shared with you by Varenia CIMS shall not be processed by You in a way that may be illegal or may run contrary to Data Protection and Privacy Legislation, as applicable. You hereby agree and warrant that at all times you shall comply with applicable laws and Regulations on the processing of personal data and the protection of Privacy.

  1. License Survey Data

Varenia CIMS shall not sell or share with third parties surveys conducted by you in their form as a single and integral survey entity but can at all times use and exploit each and every individual respondent data and related element derived from your surveys. More specifically, by entering into this Agreement, you agree and acknowledge that all survey-related respondent data collected and processed by Varenia CIMS, in whole or in part, in any manner and form, including user response meta-data, all user content data (for example the questions as well as the answers of the users), and all further analyses pertaining to a survey are and remain at all times Varenia CIMS proprietary material and are included in Varenia CIMS’s proprietary databases. Varenia CIMS is the sole proprietor of all survey-related data and may at all times use, transfer, process, develop, share with third parties and exploit at its sole discretion, user data or content included in Varenia CIMS Databases, for any commercial or other purposes. Varenia CIMS may share, transfer or license, in whole or in part data or content included in Varenia CIMS’s proprietary databases, to third parties such as app-developers or other possible Varenia CIMS clients.

You are hereby granted a non-exclusive license to use respondent data pertaining to your surveys, as provided to you by Varenia CIMS. Under no circumstances should you consider that such data is sold or transferred to you or that you are granted an exclusive right any other right or license other than that specifically mentioned in this agreement. You acknowledge that Varenia CIMS may at all times, use, process, share with third parties and exploit commercially or otherwise all Varenia CIMS proprietary data (user response meta-data, user answers etc.) related or derived as a result of a survey containing questionnaires composed by you. You also hereby give Varenia CIMS a perpetual, non exclusive, transferable, royalty free license, to use and process, in any manner, commercial or other, the questions/questionnaires formed by you in the process of survey creation, in order for Varenia CIMS to be able to use and process survey results and derived respondent data as associated to your questionnaires and as related to the survey answering process. However, we repeat that Varenia CIMS, shall not sell or share with third parties surveys conducted by you as a single and integral survey entity (and thus shall not sell or transfer your questionnaires as such), but has the right to use, process and exploit every individual respondent data and element which may derived from the survey process as related to your questionnaires (e.g. all content data/answers of a respondent as related to a specific question asked through the survey process).

We also 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 survey data and content as part of providing their contracted services to us.

We may disclose survey data and content, if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable 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 survey data and content as we believe, in good faith, if it is appropriate or necessary in order to take precautions against liability; to protect VARENIA CIMS 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.

  1. Payment

Varenia CIMS 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. Such fees must be prepaid when requesting the survey. Additional Taxes, if applicable, will be added to the fees mentioned in the price list. Survey-response pricing depends on targeting options and the number of questions which will be determined before the commencement of the survey. Clients should pay only as per the competed survey as agreed at the beginning of the survey between Varenia CIMS and the Client. More specifically, if you want to conduct a more specialized survey the fees shall be agreed upon between Varenia CIMS and Client not adhering to the set fees, and a special contract shall be negotiated and concluded between the parties. In the event that such complicated and specialized research is not accomplished, you will receive a refund that equals the amount paid and refund will be processed through the same mode within 10 working. And after placing the order customer can cancel the order withing 1 hour if he/she wish so.

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 Varenia CIMS services, you must notify Varenia CIMS immediately in writing. In this event Varenia CIMS will decide at its own discretion the validity of amounts to be paid.

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

Varenia CIMS 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 surveys 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 Varenia CIMS. 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 Varenia CIMS.

In order to secure the payments through your credit cards, Varenia CIMS 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 Varenia CIMS 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.

Varenia CIMS 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 Varenia CIMS controls the data inserted and informs electronically Varenia CIMS, 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 Varenia CIMS is entitled to block your access to the platform.

  1. Termination

Varenia CIMS reserves the right to terminate this Agreement at any time, without prior notice and without liability, in its sole discretion. Varenia CIMS 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 Varenia CIMS harmless and agree to defend against any third party claim or action brought against Varenia CIMS 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 Varenia CIMS 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 Varenia CIMS service, c) the violation of all and any applicable law, laws or regulations and/or any violation of any rights of third parties. Varenia CIMS will provide you with written notice of any claim, suit or action from which you must indemnify Varenia CIMS.

  1. Disclaimer

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

Varenia CIMS Properties, including, without limitation, all Content, Varenia CIMS 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. Varenia CIMS and its parents, subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about:

  1. the Varenia CIMS Website
  2. Varenia CIMS Content
  3. Varenia CIMS platform, panel, service;
  4. Varenia CIMS services and functions made accessible on or accessed through Varenia CIMS 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.

Varenia CIMS is trying to build the best service for its users, however, it cannot guarantee the uninterrupted or error-free function of the Varenia CIMS website, platform, panel, service and functions or that the defects will be corrected or that it will be free of viruses. Therefore, Varenia CIMS does not warrant that the Varenia CIMS 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.

Varenia CIMS 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 Varenia CIMS Survey.

Varenia CIMS makes it best efforts to check the content of the Surveys created by the interested person/entity that commands/orders the survey, for compliance with standing legislation, but cannot guarantee such compliance and cannot be held liable for any misuse of the Service by the Client.

Varenia CIMS is not responsible and cannot be held liable for any incompliance of the application (where Varenia CIMS SDK is integrated), with Google Android and Apple iOS Policies or for the application’s breach of standing legislation.

Varenia CIMS reserves the right to withdraw the questionnaire in case its content does not respect the standing legislation or the terms of this agreement.

Varenia CIMS reserves the right to reject surveys during the review phase for several reasons including but not limited to low incident rate, asking multiple questions in one, asking demographic questions, asking simplified YES/NO Screening questions and others. Succesfull payment does not guarantee neither Survey Approval nor Survey Distribution. Varenia CIMS reserves the right to terminate at any time Surveys with law incident rate and issue a partial refund.

Varenia CIMS 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 Varenia CIMS.

  1. Limitation of liability

Your access to and use the Properties is at your own risk. If you are dissatisfied with the Varenia CIMS website, platform, panel and service your sole and exclusive remedy is to discontinue using Varenia CIMS web site, platform, software, panel and service. Varenia CIMS’s 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

Varenia CIMS 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 VARENIA CIMS 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 Varenia CIMS team with your request at contact.vcims@gmail.com.

  1. Confidentiality relating to use of Varenia CIMS Services

You undertake not to disclose to any third party any financial, technical, legal information relating to Varenia CIMS services, website, software, platform or panel. This confidentiality obligation shall not apply (a) if the Confidential information has already been published by Varenia CIMS or (b) the disclosure the confidential information is required by law or by the competent authorities. Varenia CIMS reserves the right to use previous survey responses to profile users and use this information for improving its services in the future.

  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 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. Confidentiality of Surveys

Varenia CIMS understands that surveys distributed may include sensitive or confidential information about the Client’s business and operations (e.g. launching of a new product, marketing strategies etc as such information may be revealed directly or indirectly through the contents of a certain survey), which the Client does not want to be made public or become accessible to competitors. Varenia CIMS cannot guarantee that the Respondents will treat such information as confidential and that they will desist from divulging or reproducing it. Therefore, in case your survey contains confidential information you wish to protect, we advise you to inform the Varenia CIMS Representive accordingly while drafting your survey. If its is not possible to prevent exposing your confidential information, you may terminate the survey.

  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 Varenia CIMS 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 contact.vcims@gmail.com, in order to agree on the specific terms of the special survey you want to conduct.

  1. Cookies

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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.