Terms and conditions
Last updated: 30/11/2018
The following User Agreement ("Agreement") governs the use of the ASDA Pulse of the Nation website ("Website"), including without limitation and, where applicable, participation in its surveys, bulletin boards, forums, chats, and all other areas (except to the extent stated otherwise on a specific page) managed and powered by ASDA Stores Limited (ASDA House, Great Wilson St, Leeds, LS11 5AD) (“we" "us" or "ASDA”).
Please read the terms contained in this Agreement carefully. Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these terms. If you do not agree with these terms, please do not use the Website.
In addition to reviewing this Agreement, please read our Privacy Policy. Your use of the Website constitutes agreement to its terms and conditions as well.
ASDA reserves the right to update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after ASDA has given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms.
Your failure to follow these terms, whether listed below or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice.
I. Registration and Account Creation
1. REGISTRATION INFORMATION
2. USE OF USER ID/PASSWORD
1. USE OF THE WEBSITE BY YOU
2. COMMENTS BY OTHERS ARE NOT ENDORSED BY ASDA
3. USE OF MATERIAL SUPPLIED BY YOU
4. COPYRIGHT
5. INDEMNIFICATION
6. EDITING AND DELETIONS
7. ADDITIONAL TERMS
8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
9. TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE
10. LAW AND JURISDICTION
11. PRIZE DRAWS
12. COMPANY INFORMATION
I. Registration and Account Creation
1. REGISTRATION INFORMATION
You may at times be required to register and/or set up an account to use certain portions of the Website, or the Website as a whole. Registration is free. You may only join once. ASDA reserves the right to refuse your registration. In accordance with scientific market research techniques, ASDA may need a specific number of panelists for each gender, age group and region so ASDA may have to refuse applications on this basis. In order to register and/or set up an account, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Website, if available. You undertake that all information you give in relation to the panel will be as accurate as possible. Providing false information could lead to being disqualified from the panel. ASDA follows the requirements of the following laws and codes: Data Protection Act 1998 and the Market Research Society (MRS) Code of Conduct.
2. USE OF USER ID/PASSWORD
A. If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorise others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
B. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorisation, or who has access to any computer on which your account resides or is accessible.
C. You are solely responsible for your own computer equipment. You are responsible for configuring your information technology, computer programmes, platform and virus protection software in order to access the ASDA Pulse of the Nation Website.
D. If you have reason to believe that your account is no longer secure you must promptly change the affected Registration Information by using the appropriate update mechanism on the Website, if available, or notify our Data Protection Officer as described in our Privacy Policy.
II. Terms of Usage
1. USE OF THE WEBSITE BY YOU
A. Unless otherwise specified, the Website is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website.
B. The Website contains material that is protected by local, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Website. You may download material from the Website and may use the Website for your personal use only, provided you keep intact all copyright and other proprietary notices.
C. You must be 18 years old or over to register for the Website. The Website is not intended for users under the age of 18 years, and we do not knowingly collect personally identifiable information from users under the age of 18 years. Such users are expressly prohibited from submitting their personally identifiable information to us, and, if applicable, from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
D. You agree not to use any obscene, indecent, or offensive language or to place on the Website any material that is defamatory, abusive, harassing, racist, or hateful. Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorised advertising, or commercial offers, invades anyone's privacy, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or that otherwise breaches any local, or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
E. You are responsible for ensuring that any material you provide to the Website or, if applicable, post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not infringe the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
F. The content, organisation, graphics, text, images, video, design, compilation, advertising and all other material on the Website, including without limitation, the “look and feel” of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of ASDA. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
G. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, except as permitted by the Copyright Design and Patents Act 1988 or other law or as expressly permitted in writing by this Agreement, ASDA or the Website.
H. You agree not to disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website.
I. Other than connecting to ASDA's servers by http requests using a Web browser, you may not attempt to gain access to ASDA's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
J. You acknowledge that ASDA has not reviewed and does not endorse the content of all sites linked to from this Website and are not responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk.
K. The nature of this Website is interactive and public. By posting content, if applicable, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit may be used by ASDA anywhere, anytime, and for any reason whatsoever.
2. COMMENTS BY OTHERS ARE NOT ENDORSED BY ASDA
ASDA does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of ASDA. You agree that ASDA are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that breaches this Agreement.
3. USE OF MATERIAL SUPPLIED BY YOU
For information regarding use of personal information you supply or communicate to the Website, please see our Privacy Policy. Except as expressly provided otherwise in the Privacy Policy, you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorise others to do so. In addition, please be aware that information and content (including photographs) (collectively, “Materials”) you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post. ASDA hereby disclaim any and all liability that may arise in connection with any and all materials posted, uploaded or supplied by you on the website.
If you participate in a survey on our Website you will automatically be entered into our prize draw for that survey.
4. COPYRIGHT
ASDA respect the intellectual property of others, and we ask our users to do the same. ASDA may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
5. INDEMNIFICATION
You agree to indemnify ASDA and their respective affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from your submissions, from your unauthorised use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.
6. EDITING AND DELETIONS
ASDA reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on the Website or its bulletin boards, in its sole discretion, without notice.
7. ADDITIONAL TERMS
ASDA reserve the right to post, from time to time, additional terms of usage that apply to specific parts of the Website. Such additional terms will be posted in the relevant parts of the Website. Your continued use of the Website constitutes your agreement to comply with these additional terms.
8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
ASDA shall not be liable to you in contract, tort, negligence, breach of statutory duty or otherwise for any actual or consequential loss or damage whatsoever, caused to or suffered by you in connection with these terms and conditions. Nothing in this clause shall limit or affect any liability of ASDA for the death of or personal injury caused by ASDA's negligence nor any other liability which cannot be excluded or limited under applicable law nor affect or limit any legal rights you have as a consumer.
9. TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE
ASDA has the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, or may prevent your use of this Website with or without notice to you. You agree that you do not have any rights in this Website and that ASDA will not have any liability to you if this Website is discontinued or your ability to access it is terminated.
10. LAW AND JURISDICTION
ASDA make no representation that materials on the Website are appropriate, available or legal in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the Law of England and Wales without regard to any conflict of laws provisions, and any disputes arising under or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts in England and Wales.
11. PRIZE DRAWS
By entering, you accept these terms and conditions:
1. The promoter is ASDA Stores Limited (CRN: 464777), ASDA House, Great Wilson Street, Leeds LS11 5AD (ASDA). However, the prize draws are operated for ASDA by Research Bods Online Limited, (CRN: 7642707), 21 Queen Street, Leeds, LS1 2TW
2. No purchase is necessary.
3. Each member of the ASDA Pulse of the Nation website panel who participates in a survey, discussion room, poll or similar activity is automatically entered into the monthly prize draw for that month.
4. The prize draw is by online entry only. Internet access is therefore required. Entry will be open from the opening date 24 hours every day until 23.59 on the closing date. Please ask whoever pays the bill for the internet connection before participating in the survey or forum discussion and entering the prize draw.
5. One entry per person per activity taken part in per prize draw. Entries by third parties are not accepted.
6. Proof of sending an entry shall not constitute proof of receipt. No responsibility is accepted for entries that are lost, misdirected, late, damaged or illegible, for faulty or failed electronic data transmissions, for the ASDA Pulse of the Nation website or the Internet being unavailable nor for any associated costs.
7. By entering the prize draw, you agree to participate in any reasonable promotional activity, including photographs and audio and/or visual recordings, if you are selected as a winner.
8. If members wish to participate in the research but opt out of the prize draw then they are able to do so by referring to their profile opt out page, and manually opting out of all prize draws.
9. If winners are unable to take the prizes for whatever reason, a redraw will take place. Please note that a maximum of three (3) redraws will take place.
10. In the event of unforeseen circumstances, the promoter reserves the right to replace entire prizes or prize components with prizes of equal or greater value.
11. Prize draws may feature in other promotional material.
12. The promoter does not accept responsibility for the return of any entries, including those consisting of artistic or other material.
13. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and ASDA’s Privacy Policy.
14. By entering the promotion, all entrants acknowledge that their personal data will be used by the Data Controller for the purposes of the administration of this promotion only, including contacting winning entrants. Entrants also acknowledge that when a third party asks for confirmation of a winner of a competition a promoter is required to provide the name of that winner and the county that he or she lives in. The Data Controller's privacy policy is available here.
15. Prizes are awarded at the promoter's discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
16. Closing date for receipt of all entries is 23:59 on the last calendar day of each month unless specified otherwise and winners will be pulled within 15 days of the closing date.
17. Prize draws are open to all UK residents aged 18 or over only, excluding employees (and immediate families) of ASDA, ResearchBods, their affiliated companies or anyone professionally connected to the promotion.
18. Winner(s) will be randomly selected from all entries after the closing date. The winner will be notified by email within 15 days of the draw date. The identity of the independent person who supervises the draw is available on request.
19. There will be sixteen (16) prizes in all, consisting of one (1) £250 prize and fifteen (15) £50 prizes with an aggregate total of £1,000 in prizes.
20. Prizes will be given in the form of credit to the winners’ online PayPal account. Credit will be sent to the PayPal account supplied by the winner online upon notification that they have won or in the winners’ postal entry. Instructions on how to set up a PayPal account can be found here.
21. Prizes will be fulfilled within 6-8 weeks.
22. Winner(s) accept prizes at their own risk.
23. The promoter shall not be liable for any loss or damage whatsoever, except for death or personal injury as a result of its negligence, arising out of the administration of prize draws, or out of the winner’s or any third parties enjoyment of the prizes.
24. The Data Controller is: ASDA Stores Limited (CRN: 464777), ASDA House, Great Wilson Street, Leeds LS11 5AD (ASDA).
25. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and any dispute shall be subject to the jurisdiction of the English Courts.
12. COMPANY INFORMATION
The ASDA Pulse of the Nation Website is run by ASDA Stores Limited whose registered office is at:
ASDA House Southbank Great Wilson Street Leeds LS11 5AD
VAT registration = GB 362 0127 92 Company Registration = 464777
Customer Services Customer Services ASDA House Southbank Great Wilson Street Leeds LS11 5AD
Telephone: 0800 952 6060
Minicom: 0800 0683003
Email: customer.services@asda.co.uk