1.1 In this Agreement the terms "you" and "the member" mean the individual completing the registration process to become a member of the QArk Panel.
1.2 The terms "Arkenford", "we" and "our" refer to Arkenford Ltd.
1.3 "Account" refers to your QArk Panel Account.
1.4 "Panel" refers to a group of individuals who voluntarily agree to participate in a series of research studies over time.
1.5 The terms "QArk" and "the panel" refer to QArk Panel.
1.6 The "Notified Amount" means the credit value an activity is worth.
1.7 "Submissions" refers to all comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered directly or indirectly to the panel whether for the panel or a specifically designated third party on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site.
2.1 You agree to only use this website in accordance with this Agreement and all applicable laws.
2.2 The offer by Arkenford to take part in surveys and research and your acceptance of that offer by providing the information that we request, brings into existence a legally binding contract between us.
2.3 Once you have submitted your answers to our joining questionnaire you become a member of QArk.
2.4 This Agreement is a contract for the provision of services and nothing in this Agreement shall create or be deemed to create a legal partnership or the relationship of agent and principal or the relationship of employer and employee between the you and the Company.
3.1 Arkenford shall:
3.1.1 consider your eligibility to take part in each of its surveys
3.1.2 credit the relevant Notified Amount to your Account each time you correctly and completely answer all of the questions in a survey; for the purposes of this Agreement Arkenford will not consider questions to be “correctly” answered if an answer is confusing or meaningless
3.1.3 transfer the e code to you within 30 days of you making an electronic request to Arkenford via the website provided that the amount in your Account has reached £10.00 (the Reward); and
3.1.4 email to your registered account, the e code within 30 days of your claim being received.
3.2 There is no obligation on Arkenford to select any panel member to answer survey questions. The members requested to take part in surveys depends on the requirements of the clients of QArk and the random selection of those requested to take part from those that are eligible.
3.3 Arkenford may sometimes contact you to ask you some short questions to see if you fit into a particular category. In such cases, Arkenford shall not offer any payment for the answering of such questions.
3.4 Arkenford reserves the right to:
3.4.1 offer a substitute reward of equivalent value; and
3.4.2 change the value of the Nominated Amount in respect of answering survey and research questions.
3.5 Should you choose a form of reward, the minimum value of which is advertised on this website as greater than £10, the amount shall increase to the amount specified on the website for this reward.
3.6 No cash alternative is available in respect of the payment of the Reward.
3.7 Arkenford does not credit your Account if you are in breach of Clauses 4.1.4 or 4.1.5 below.
3.8 Should Arkenford establish that you are in breach of Clauses 4.1.4 or 4.1.5 below after crediting your Account, Arkenford may deduct from your Account any Nominated Amounts credited in respect of all relevant surveys.
3.9 Arkenford shall not be obliged to make any payment to a member:
3.9.1 whose balance in their Account does not reach the amount of the Reward;
3.9.2 who does not respond to any survey requests within a 24 month period and whose balance has not reached the level of the Reward; for the avoidance of doubt should you not respond to any survey requests in a 24 month period at the end of that twelve month period the balance of your Account will be cleared and reset at zero;
3.9.3 whose balance in their Account is under the level of the Reward at the point that the QArk service is suspended or terminated by Arkenford in accordance with Clause 5 below; or
3.9.4 who terminates their membership of QArk prior to the balance of their Account reaching the level of the Reward.
3.10 Arkenford has provided the Love2reward code as a gift; we accept no liability for the misuse or damage of the codes. All requests for the replacement of Love2reward codes must be made directly to Love2reward, who may charge for replacement or cancellation any sum at their absolute discretion. For specific terms and conditions relating to the Love2reward codes please refer to Love2reward's terms and conditions.
3.11 Arkenford accepts no liability for any debt should Love2reward or its parent group Park Group PLC become insolvent or change its terms and conditions under which their service is provided. For the avoidance of doubt once given, all rights and obligations relating to the code rest between you and Love2Reward. Please be aware that that this E-code product is not covered by the Financial Services Compensation Scheme. The E-code may become valueless should Love2reward or Park Group PLC become insolvent.
4.1 The Member warrants:
4.1.1 that they are 16 years old or over
4.1.2 that they are resident in the United Kingdom of Great Britain and Northern Ireland
4.1.3 that they shall not register with QArk more than once
4.1.4 that they will not attempt to answer a survey more than once, either by using more than one name or more than one email address to enter into a survey
4.1.5 that they will be honest in their approach to the research, for example they will not provide confusing or meaningless answers
4.1.6 that they shall endeavour to maintain an accurate profile on QArk and shall not misrepresent themselves
4.1.7 that they understand all submissions may be edited, republished or removed without notice
4.2 Arkenford has no obligation in respect of any tax due on the reward given to a member and the member shall be responsible for declaring any income received under this Agreement
4.3 The member is obliged to claim payment from Arkenford via the procedures set out on the website for the amount in their Account within twelve months of the amount in their Account reaching the level of the Reward. Should the member fail to contact Arkenford to claim payment for their Reward within the time specified in this Clause 4.3 the member will not be entitled to receive payment for the reward and Arkenford reserves the right to clear the member’s Account which will be reset to zero.
4.4 The member shall consider all text, images and videos contained within QArk and partner surveys to be deemed confidential and shall not undertake to copy, reproduce or disclose any information to third parties
4.5 All copyright and other intellectual property rights in the materials on this website are owned by QArk unless otherwise indicated. You may not download, print or copy any material from this website. You may not copy, modify, alter, distribute, publish, sell or otherwise use any material on this website.
4.6 As a panel member you may be shown confidential information as part of the surveys you take. The surveys may contain, but are not limited to, media content, unique techniques, sketches, drawings, or new products. In order to protect the integrity and confidentiality of our clients' research, it is a condition of membership that you agree not to reveal any information contained in surveys, and do not copy or distribute any graphics or other content from the surveys. Please be advised that legal action may be taken in the event stolen material is traced back to you.
5.1 Arkenford may terminate this Agreement and your membership of QArk:
5.1.1 immediately on written notice if you are in breach of this Agreement;
5.1.2 at any time by giving you 30 days notice by email; or
5.1.3 if you fail to take part in surveys in any 24 month period.
5.2 You can terminate this Agreement at any time by unsubscribing from QArk, this can be done by email or in writing. The termination will take effect within five business days after the receipt of your notice. Arkenford’s contact details are available from our website.
6.1 Arkenford shall not be liable to you or to any other person or entity in any way, whether arising under contract, tort (including negligence) or otherwise, for damages of any kind arising from the use of this website, including, but not limited to, direct, indirect, incidental, punitive or consequential damages, lost revenue or profits, lost or damaged data or other commercial or economic loss, that result from your use of, or inability to use this website.
6.2 If this limitation of liability provision shall be deemed unenforceable, either in whole or in part, then such parts as are unenforceable shall be deleted, the remaining parts shall remain in full force and effect and the liability of Arkenford shall be limited to the greatest extent permitted by law.
6.3 Nothing in this Agreement shall exclude or limit the liability of Arkenford for:
6.3.1 death or personal injury arising from its negligence; or
6.3.2 liability arising from fraud.
7.1 Separate terms and conditions may apply to certain products, services and materials available through this website. If this is the case this will be brought to your attention. Subject to this, no express or implied warranties of any kind are made in respect of this website or the products, services and materials available through it.
7.2 Arkenford does not warrant that this website will operate uninterrupted or error/virus free or that the information on this website is accurate or complete.
7.3 Arkenford does not guarantee the quality or accuracy of user submissions to the website.
9.1 From time to time we may add new features to the website and enhance the level of service that we offer to you. This may lead to changes in this Agreement. Any such changes will be notified to you by us updating this Agreement and your subsequent use of this website will be deemed to signify your acceptance to the changes.
11.1 This Agreement supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof (save that neither party seeks to exclude liability for any fraudulent pre-contractual misrepresentation upon which the other party can be shown to have relied).
12.1 This Agreement is governed by the laws of England.
12.2 The parties irrevocably agree that the courts in England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.
13.1 The promotion is open to registered members of the QArk panel in the UK aged 16 and over only, and excludes employees and their immediate families of Arkenford Ltd, their agents or anyone professionally connected to the promotion.
13.2 No purchase is necessary to enter the promotion.
13.3 Entrants must be registered as members of the QArk panel. Entry into the prize draw is automatic upon completion of all profiles, i.e. all members who have completed 100% of their profiles will be entered automatically.
13.4 Entry into the prize draw is limited to one entry per person only.
13.5 Prize draw promotional period will close at 11:59pm on 28th Feb 2017.
13.6 There is 1 prize of £100 of Amazon gift claim codes which can only be spent on the Amazon.co.uk website.
13.7 The winner will be selected from all members who have completed their profiles 100% via a random computerised draw selection process which will be carried out in the week following the closing date.
13.8 The winner will be contacted by email within 24 working hours of the prize draw being carried out and must respond within 3 days to claim their prize. Failure to respond within this time or refusal to accept the prize will mean that the prize will be forfeited and the promoter reserves the right to re-allocate the prize to the next reserve selected at random at the time of the original draw.
13.10 Prizes will be dispatched up to 7 days after confirmation of prize.
13.11 No entrant can use their computer, via brute force or script, to enable multiple entries or multiple accounts or to undermine the promotion. In this event that person’s entry and all other associated entries will be disqualified and any prize award will be withheld.
13.12 No third party entries, bulk entries or entries submitted by agents will be accepted. No incomplete or corrupted entries will be accepted. In this event that person's entry will be disqualified and any prize award will be void. Any malicious or manipulative attempt to influence the prize will result in disqualification at the sole discretion of the Promoter. If there is any reason to believe that there has been a breach of these Terms and Conditions or incorrect, illegible, fraudulent or other invalid or improper information has been provided the Promoter may at its sole discretion refuse to fulfil the prizes.
13.13 The Promoter reserves the right to verify the eligibility of entrants. The Promoter may require such information as it considers reasonably necessary for the purpose of verifying the eligibility of an entry and the prize may be withheld until and unless the Promoter (in its sole discretion) is satisfied with the verification. The Promoter’s decision is final.
13.14 In the event of an email address becoming inaccessible during the promotion, Arkenford is not able to retrieve and amend any existing entries to a new email address.
13.15 All prizes are non-transferable. No cash alternative. In the unlikely event that the prize is not available the Promoter reserves the right to offer an alternative or equal or similar value.
13.16 Entrants’ data will be collected, stored and processed for the purposes of administering and assessing this prize draw.
13.17 The Promoter is not responsible for any data lost, damaged, delayed either inbound or outbound, or not received online, or for network, computer hardware or software failures of any kind that is caused by any circumstance beyond its reasonable control or by any act or omission of any third party, which may restrict or delay entry although it will always use reasonable endeavours to minimise any entrant disappointment.
13.18 The Promoter cannot be held liable for any material harm or non-pecuniary damage caused to the entrants, their computer equipment and the data stored on it or for the consequences thereof on their personal or business activities.
13.19 All entrants will be deemed to have accepted and be bound by these terms and conditions and any requirements set out in the accompanying promotional material.
13.20 Owing to exceptional circumstances outside its reasonable control and only where circumstances make this unavoidable, the Promoter reserves the right to cancel or amend the promotion or these terms and conditions at any stage but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.
13.21 PROMOTER: Arkenford Ltd, 1 Bell Court, Leapale Lane, Guildford, Surrey GU1 4LY
This Agreement was last updated on: [01st January 2017].