These Portal Terms of Use (“Terms of Use”) are between Snap Surveys and the User and govern the use of the Snap Surveys Portal. By completing the registration form for the Portal and/or by using the Portal, the User confirms that they have read and understood and agree to these Terms of Use.

1. DEFINITIONS

1.1 In these Terms of Use, the following words shall have the following meanings:

Acceptable Use Policy” Snap Surveys Online Survey Services Acceptable Use Policy, available at https://www.snapsurveys.com/survey-software/acceptable-use-policy-uk/ (for agreements with Snap Surveys Limited) and https://www.snapsurveys.com/survey-software/acceptable-use-policy-us/ (for agreements with Snap Surveys NH, Inc.);

Portal” means the Snap Surveys Portal, which is made available by Snap Surveys to Users to enable the secure transfer of messages and files between the User and Snap Surveys;

Portal Account” the account set up for a User by Snap Surveys, to enable use of the Portal;

Snap Surveys” the relevant Snap Surveys entity as described in clause 7;

Software” any software associated with the Portal;

User” means a user authorised by Snap Surveys to use the Portal in accordance with clause 2.2;

User Content” the content and documents uploaded by the User to the Portal.

2. REGISTRATION FOR AND USE OF THE PORTAL

2.1 Snap Surveys grants to the User a non-exclusive, non-transferable licence to access and use the Portal in accordance with these Terms of Use, and in consideration of that licence the User agrees to comply with these Terms of Use.

2.2 Potential users wishing to use the Portal must complete the Portal registration form. Where Snap Surveys subsequently authorises the use of the Portal by that potential user and sets up a Portal Account for their use, they become a User.

2.3 The Portal is for use solely to transmit messages and files between the User and Snap Surveys. It is not intended for use as a location to store such files and messages and the User is encouraged to download and delete such messages and files as soon as practicable. The User acknowledges that messages and files uploaded to the Portal will be deleted periodically by Snap Surveys in its discretion.

2.4 The User acknowledges that all intellectual property rights in the Portal and the Software belong to Snap Surveys and/or its licensors. The User shall not:

(a) except as permitted by law:

(i) attempt to copy, adapt, alter, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any part of the Software in any form or media or by any means; or

(ii) attempt to decompile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of the Software; or

(iii) combine the Software with other software.

2.5 Only Users may use the Portal. Portal Accounts may not be shared or used by more than one individual, and are not transferable. Users are responsible for all access to and activity occurring in their Portal Account, and must ensure that they keep the password for their Portal Account confidential.

2.6 All use of the Portal shall comply with sections 1 and 2 of the Acceptable Use Policy, with the Portal being deemed an Online Survey Service, as such term is defined in the Acceptable Use Policy.

2.7 The User acknowledges that:

(a) Snap Surveys makes no guarantees as to availability of the Portal and has the right to restrict access to the Portal at any time where Snap Surveys believes that this is necessary;

(b) the User shall be responsible for arranging and maintaining its network connections and telecommunications links from its systems to the Portal, and shall be responsible for all problems, delays, delivery failures and all other loss or damage arising from or relating to the User’s network connections or telecommunications links;

(c) Snap Surveys is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the User acknowledges that the Portal may be subject to limitations, delays and other problems inherent in the use of such communications facilities; and

(d) the messages and files shared to the Portal will be transmitted over the internet, which by its nature is, even when encrypted, never completely secure.

3. USER CONTENT

3.1 The User grants Snap Surveys a right to use, host and store all User Content uploaded to the Portal solely to the extent necessary to enable Snap Surveys to provide the relevant services to the User.

3.2 The User shall retain all rights in and ownership of the User Content. The User is responsible for the legality, reliability, integrity, accuracy and quality of the User Content uploaded to the Portal, and shall ensure that it has all rights and permissions required to use the User Content for the purposes of these Terms of Use and as required by any data protection and privacy laws.

4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

4.1 Nothing in these Terms of Use excludes the liability of Snap Surveys for:

(a) death or personal injury caused by Snap Surveys’ negligence; or

(b) fraud or fraudulent misrepresentation; or

(c) any other liability that cannot be excluded or limited by law.

4.2 The Portal is provided ‘as is’, and all warranties, representations, conditions and all other terms of any kind whatsoever (including without limitation as to merchantability, satisfactory quality, fitness for a particular purpose or non-infringement) implied by statute or common law or otherwise are, to the fullest extent permitted by applicable law, excluded from these Terms of Use.

4.3 Subject to clause 4.1, Snap Surveys’ total aggregate liability to the User, whether in contract, misrepresentation (whether innocent or negligent), tort (including negligence or breach of statutory duty), restitution or otherwise, arising in connection with these Terms of Use, shall be limited to £50.

5. SUSPENSION AND TERMINATION

5.1 The User may request at any time that Snap Surveys close its Portal Account. Snap Surveys may decide, in its discretion, (for example after a period of inactivity) to close a User’s Portal Account at any time. In such cases Snap Surveys will endeavour to give reasonable notice to a User prior to closure. On closure of a Portal Account, these Terms of Use shall terminate.

5.2 In addition, if Snap Surveys considers that a User is in breach of these Terms of Use, Snap Surveys may, without liability to that User, suspend or terminate that User’s access to its Portal Account.

6. CHANGES TO THESE TERMS OF USE

6.1 Snap Surveys may change these Terms of Use on giving notice by email to the User or by posting a notice on the homepage of the Portal, https://www.snapsurveys.com/portal. The revised Terms of Use will take effect for all Users 14 days after that posting.

7. SNAP SURVEYS ENTITY, GOVERNING LAW AND JURISDICTION

7.1 Where the User is based in the EEA:

(a) references in these Terms of Use to Snap Surveys are to Snap Surveys Limited; and

(b) subject to clause 7.3, these Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Snap Surveys and the User submit to the exclusive jurisdiction of the English Courts.

7.2 Where the User is based outside of the EEA:

(a) references in these Terms of Use to Snap Surveys are to Snap Surveys NH, Inc.; and

(b) subject to clause 7.3, these Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New Hampshire and Snap Surveys and the User submit to the exclusive jurisdiction of the New Hampshire courts.

7.3 Snap Surveys may apply to any court anywhere in the world for an order restraining the User’s use of the Portal in breach of these Terms of Use and may enforce any such order.

Snap Surveys Limited
Registered Office: 5 Mead Court, Cooper Road, Thornbury, Bristol BS35 3UW, UK
Company number: 01672722
VAT number: 449225047
Telephone: +44 (0)1454 280800

Snap Surveys NH, Inc.
Address: 210 Commerce Way, Suite 200, Portsmouth, NH 03801, USA
Telephone: (603) 610-8700

Email: legal@snapsurveys.com

Website: www.snapsurveys.com

 

Last Updated July 2017