Terms And Conditions
Access to and use of the MyOpinionMatters Community is provided and operated by Empathy Research Limited (Empathy Research). Empathy Research is a company incorporated in Ireland (registered number 545528) whose registered office is at 9 The Anchorage, Charlotte Quay, Ringsend Road, Dublin 4, Ireland (we, us, our) and is subject to the following terms and conditions.
- Article 1. Membership conditions
- Article 2. The membership entry into force
- Article 3. Your member account
- Article 4. Your e-mail address
- Article 5. The member's commitments
- Article 6. Content respect of personal and property rights
- Article 7. Email
- Article 8. Termination conditions
- Article 9. Reward Rules
- Article 10. Ownership
- Article 11. Modifications to the User Conditions
- Article 12. Completeness
- Article 13. Governing law
By connecting to the myopinionmatter.ie site (the Site), you undertake to respect these general user conditions (the User Conditions) set by Empathy Research.
When joining myopinionmatter.ie, you agree to accept the User Conditions, the purpose of which is to define the terms under which you participate in MyOpinionMatters (the Community).
Members' membership is subject to Empathy Research receiving a fully completed profile questionnaire, which you will complete online. The sincerity and comprehensiveness of the responses are checked in all cases. Any confirmed or suspected fraud, deceit or deception or of knowingly providing false information in completing the full registration questionnaire shall be grounds for Empathy Research to refuse membership.
The contract shall come into force in respect of a member as of the date when the following two conditions are fulfilled by that member:
- Receipt of this contract via the Internet along with the member's acceptance by Empathy Research who are co-coordinating the Community; and
- Reception and validation by Empathy Research of the full profile questionnaire filled in by the member.
From that date, unless termination is invoked under other conditions specified in this document, the member shall be registered for an indeterminate period.
Your username and password are strictly personal to the member and may not be transferred.
If the member forgets his or her password, there is a procedure for resetting their password. This procedure assumes that the member provides the email address he or she used when registering to become a member (or the new one provided in the event of an update).
When registering, the member is asked to provide a permanent e-mail address at which he or she can be contacted. An interface on the Community site allows the member to freely change this address.
The latest address entered by the member will be the one used by Empathy Research to contact the member about the research projects available or updates from the Community.
Consequently, the member is solely responsible for updating the e-mail address at which he or she can be contacted. Empathy Research will not be held liable for failures to forward updates/notifications because e-mail addresses provided were missing or incorrect.
In particular, forgetting to update your e-mail address, or any other transmission fault related to an inadequate e-mail address, may not be invoked as grounds for justifying the repeated failure to respond to the research projects available or forwarded to the respondent.
The member undertakes to respond to the research projects made available by Empathy Research both sincerely and objectively.
The member warrants that he/she shall not register more than once for the Community and accepts that multiple registrations on the Community or Site is contrary to the User Conditions and will lead to membership termination by Empathy Research.
The member hereby further warrants that he/she does not work (in a full time/part time or on a casual or contract basis) for a company that could be reasonably described as being a competitor of Empathy Research.
Where the member has agreed to take part in the Community, the member shall be informed via e-mail, or in some instances via a phone call/text message/notification, of the various research projects that are available for him or her to take part in/respond to.
The member must partake in the research projects by the deadline set for each project. Beyond that deadline, Empathy Research will disregard the response and members will be ineligible to avail of any related incentives for that task.
In certain cases, the respondent may be asked to answer within a short timeframe of a few days. These studies/discussions are clearly identified by the close date should there be one in the notification the member receives requesting a response to these research projects.
As a community member, you may be shown confidential information as part of the research projects you take part in. The discussions may contain but are not limited to, media content, unique techniques, sketches, new product ideas, prototypes, samples and/or drawings. In order to protect the integrity and confidentiality of our research, it is a condition of membership that you agree not to reveal any information contained in these discussions, and do not copy or distribute any graphics or other content from these discussions.
Please be advised that legal action may be taken in the event that stolen material is traced back to you or you have breached your confidentiality obligations, as set out in the preceding paragraph
The member agrees to respect all applicable laws whilst participating in the community or related research projects.
In addition the member will conform to the following requirements, notably, he or she commits to not diffusing any message or information whatever the format or nature which is:
- Contrary to public order;
- Of defamatory, injuring, racist, xenophobic character or which may harm the honour or reputation of another party;
- Inciting the discrimination or hate of a person or group of people due to their origins or belonging or non-belonging to an ethnicity, nation, race or religion;
- Threatening to a person or group of people;
- Of a pornographic or paedophilic character (notably any website sending directly or indirectly to any internet websites with a pornographic or paedophilic content will be excluded without warning);
- Inciting an offence, crime or act of terrorism to be committed or citing apologies for war crimes or crimes against humanity;
- Inciting suicide;
- Allowing third parties to directly or indirectly acquire pirated software, software series numbers, software allowing pirating and hacking of information technology or telecommunications systems, viruses and other logic bombs and in a general manner any software or tool infringing on the rights of others and the security of persons or property;
- Violating the private nature of any correspondence; or
- Attempting to circumvent the rewards system put in place by Empathy Research.
The member will not acquire the e-mail addresses of other MyOpinionMattersÂ Community members or third parties with the view to launch Mails Bombing, "Flaming", "Spamming" or any other operation aiming to prevent the normal functioning of the e-mail of another member or third party. The member commits to not encouraging the consultation of websites which do not respect current legislation and notably the rights mentioned in these User Conditions.
Empathy Research reserves the right to suspend or terminate this contract at any time should any of the conditions detailed in this document be violated in any way. In this event, rewards gained by the member shall immediately be cancelled without prejudice to demands for any damages in his or her regard.
Empathy Research shall regularly check the consistency of members' responses to the research projects they partake in to ensure their validity and quality. Thus, in the event of inaccurate or incoherent responses by the member or response times being deemed suspect, Empathy Research may automatically terminate this contract.
Empathy Research consequently reserves the right to terminate the contract of any member who has not made a single contribution to any research project they have been invited to during a 3 month period, assuming that the member has agreed to participate when joining the Community and had been solicited for such action during this time period. This termination shall bring about the cancellation of rewards without any compensation being owed to either party.
Termination of the membership contract can be done by clicking the unsubscribe link which can be found in most of the emails sent to members, within the myopinionmatter.ie site itself or by emailing [email protected] with the word Unsubscribe as well as your Email Address must be specified clearly in the message so that the request can be authenticated.
In particular, Empathy Research may not be held liable for the loss of either registration data or reward details which may occur due to fraudulent termination carried out by any means other than those specified above.
Any initiative by the member to terminate the contract, other than being unable to honour the clauses contained in this contract for reasons specifically listed, shall result in the cancellation of any unclaimed rewards on the member's account.
How to earn Reward Points
Upon joining the MyOpinionMatters, rewards will be awarded in the form of Reward Points if you correctly and completely answer the questions comprising a MyOpinionMatters survey. These points are known as Reward Points. Questions will be considered 'incorrectly' answered if an answer is confusing or meaningless or the member has not taken the due care and consideration required in answering each survey question.
There is no obligation on Empathy Research or MyOpinionMatters to select any panel member to answer any surveys.
The activities that will allow members to earn Reward Points may change from time to time, at Empathy Research's discretion.
You can earn Reward Points by completing most surveys. In the instance of not carrying rewards, this will be clearly stated at the beginning of the survey or in the survey invitation.
Empathy Research reserves the right to terminate, suspend, revalue or modify without notice to you other than by changing the Rules posted on the website, all or part of the Reward Points' value structure and offers. Empathy Research reserves the right to adjudicate all points of discrepancies as its sole discretion, and you agree to abide with the decision of any adjudication. In the event that the Reward Points Programme is terminated, you will be notified and given one month in which to redeem your points.
Points will be posted to your account no later than 30 days following survey completion.
Members can view their current point balance online by logging into their account. This section of the site is restricted to members only and members must enter their user name and password to view their points balance.
Empathy Research takes reasonable care to ensure Reward Points are accurately deposited in your account. However, you are responsible for ensuring that your Reward Points are currently deposited and you should notify Empathy Research within two months of completion of a survey or prize draw if Reward Points have not been correctly posted to your account, contact us.
Empathy Research shall not be liable for any losses suffered due to any errors in the awarding of Reward Points.
Empathy Research does not award Reward Points to members if:
- A member attempts to answer the survey more than once, either by using more than one name or more than one email address to enter into a survey.
- A member is not being honest in his/her approach to the market research exercise, for example by providing confusing or meaningless answers or the member has not taken the due care and consideration required in answering each survey question.
Empathy Research shall not be obliged to make any payment to a member:
- Whose balance in his/her account does not reach 2,000 Reward Points;
- Whose balance in his/her account is under 2,000 Reward Points at the point that the Reward Points service or MyOpinionMatters is suspended or terminated by Empathy Research;
- Who terminates his/her membership of the MyOpinionMatters prior to the balance of his/her points account reaching 2,000 Reward Points; or
- Whose contact details (including email address) are not up to date and correct.
Members will receive a certain number of Reward Points per completed market research activity dependent on complexity and other survey characteristics. The number of Reward Points available for any activity will be stated on the survey invitation and/or through the My Rewards area of the website.
Points are earned and awarded to all panellists who complete our online surveys. Often more panellists are invited to take part in a survey than we have space for. While it is possible to stop and resume a survey at any time, panellists should be aware there is the possibility that their place may have been filled in the interim and so upon their return, they may screen out. If this does occur unfortunately the survey will not be processed as a complete.
Reward Points are personal to you and are not transferable without Empathy Research's written permission. They are not considered to be property, and as such, you cannot transfer or assign your Points to any other person without Empathy Research's written permission.
Redemption of Reward Points
Reward Points can only be redeemed if you have a minimum of 2,000 Reward Points in your account, and your account is in good standing.
All Reward Points must be redeemed online.
To redeem your Reward Points, you first need to log in to your MyOpinionMatters account. Under the "My Rewards" tab you will see an option for "Request Redemption" when your points balance reaches the redeemable balance threshold of 2,000 points. You will then be prompted to choose a reward partner and order your gift card. Please allow up to 4-6 weeks for the delivery of your gift card.
Redemption methods may be added or substituted in the future at Empathy Research's sole discretion.
Reward Points cannot be exchanged for cash.
Empathy Research reserves the right to change rewards offers on the website at its discretion and without notice. You acknowledge that Empathy Research is not responsible for any actions taken by any partners in connection with the redemption of Reward Points.
Reward Points are non-negotiable.
Empathy Research has no obligation in respect of any tax due on the Reward that is given to a member and the member shall be responsible for declaring any income received from Empathy Research under this Agreement.
Administration of Rewards
Empathy Research reserves the right to appoint a third party to administer its Reward Points Programme and Rewards.
With due observance to the following, Empathy Research has no responsibility whatsoever for injuries, losses, or damages of any kind that result from acceptance, possession, or use of any Empathy Research Reward Points, their cash value or merchandise redeemed with Reward Points/Gift Cards.
Any claims for damages and reimbursement of expenditures, regardless of their legal basis, in particular, due to breach of duties arising from the contractual relationship on the part of Empathy Research, its legal representatives, employees or vicarious agents or due to tort are excluded. This exclusion of liability does not apply to liability arising from the breach of material contractual duties (cardinal duties). If the breach of the cardinal duties was merely due to slight negligence, however, the amount of the Empathy Research liability will be limited to the typical foreseeable damage. The above limitations of liability shall also not apply to cases of liability for damages resulting from injury to life, body or health, the assumption of guarantee by the Empathy Research or any other cases where liability is legally mandatory. To the extent that the Empathy Research liability is restricted or excluded by the above provisions, this will also apply to Empathy Research's legal representatives, employees and vicarious agents.
The member acknowledges that Empathy Research is the sole legal and beneficial owner of myopinionmatter.ie and related trademarks.
Any representation and/or reproduction of the Site or any of its elements either in whole or in part using any process whatsoever without express authorisation from Empathy Research is prohibited. The member undertakes to respect the intellectual property rights (registered and unregistered) currently held by Empathy Research in the Site.
By submitting any content or contribution to the site (Contribution), you agree to grant Empathy Research a non-exclusive, royalty free, perpetual licence to use that Contribution. Empathy Research will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. Empathy Research may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. Please also note that you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the site, you are warranting that you have the right to grant Empathy Research non-exclusive copyright licence. If you are not in a position to grant such a licence to Empathy Research, please do not submit the Contribution.
Empathy Research reserves the right to modify the User Conditions at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to the User Conditions. You acknowledge and agree that it is your responsibility to review these User Conditions periodically and become aware of modifications. Reconnecting to the Site or services by the member after modifications to the User Conditions have come into force shall constitute acceptance of the modified User Conditions by the member. The User Conditions featured online at the Site shall take precedence over any earlier version.
- The User Conditions set out all of the obligations binding on the parties for the use of the Site.
- No general or special condition featured in documents sent or presented by either of the parties shall be incorporated into the User Conditions.
- No time or indulgence, which Empathy Research may extend to a member and no waiver by Empathy Research of any breach of any term or condition of these User Conditions shall affect Empathy Research's rights and powers under these User Conditions.
- If at any time any of these Articles is or becomes invalid, illegal or unenforceable in any jurisdiction in any respect, the validity, legality and enforceability of the remaining provisions thereof shall not in any way be affected or impaired thereby.
The User Conditions are governed by the laws of the Republic of Ireland and for the benefit of Empathy Research, the member submits to the Irish courts with respect to any dispute arising out of or in connection with the User Conditions.
Empathy Research Ltd.
9 The Anchorage, Charlotte's Quay, Ringsend Rd, Dublin 4, Ireland