General 

The www.WEcount.bm website (the "Website") is owner, operated and provided by WEcount Limited, a company registered in Bermuda with whose registered office is at 54 Reid Street, Hamilton, Bermuda HM 12 (hereafter referred to as “WEcount"). 

 

Use of the Website and any WEcount extranet sites to which you may be directed (together the "WEcount WebPages") and membership of all panels set up and administered by WEcount (the "WEcount Panels") or participation in any other WEcount research activities ("WEcount Activities") is governed by these terms and conditions of use (the “Terms"). 

 

Acknowledgement and Acceptance 

By ticking 'I agree' during the process to register participation as a member of a WEcount Panel ("Member"), or by participating in a WEcount Activity or by simply accessing and using the WEcount WebPages, you agree to be bound by these Terms. Should you not wish to accept these Terms, you must exit the WEcount WebPages immediately and/or or cease participation in any and all WEcount Panels or WEcount Activities. 

 

WEcount reserves the right at any time and from time to time, to modify or amend these Terms or any part thereof, without notice to you. Your continued use of the WEcount WebPages or continued participation in the WEcount Panels or the WEcount Activities constitute an affirmative acknowledgement of any amendment and your continued agreement to be bound by the Terms as amended from time to time. 

 

Terms of Participation 

WEcount Member Registration Process 

 

To become a Member and to participate in a WEcount Panel, you need to register with WEcount and create a Panel Membership Profile following the registration process set out below (the "WEcount Registration Process”). 

 

Prospective Members shall complete a WEcount registration form each time they wish to join a WEcount Panel. Registration forms include: 

 

The form available on the Website, but may also include permission-based registration forms hosted on third party websites; 

 

Registration forms hosted by WEcount and accessed via third party websites; or 

Registration forms accessed via links in an email sent to you by a third party or by WEcount where you have granted permission to receive such emails from these sources. 

 

The registration form may include any number of questions or may be limited solely to the expression of assent to join the WEcount Panel. 

 

During each WEcount Registration Process prospective Members will be notified of any terms in addition to these Terms which shall apply to membership of the respective WEcount Panel. 

You have to be 18 years or older and a resident of Bermuda to join the panel.  

 

 

 

Undertaking regarding information provided 

 

In consideration of WEcount granting you access to the WebPages and/or the ability to participate in a WEcount Panel or WEcount Activity, you agree to: 

Provide true, accurate, current and complete information about yourself as prompted by the WEcount Registration Process; 

 

Maintain and promptly update your personal membership details including the Panel Membership Profile (as defined below) so as to keep it true, accurate, current and complete; and 

 

Provide true, accurate, current and complete information about yourself as prompted by WEcount whilst participating in a WEcount Panel or WEcount Activity. 

 

If you provide any information that is untrue, inaccurate, not current or incomplete, or WEcount has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WEcount has the right to suspend or terminate your current access to, use of, and/or participation in WEcount Panels or WEcount Activities.  

 

Your Panel Membership Profile and WEcount Account 

 

Upon completing the WEcount Registration Process, Members will be provided with a profile ("Panel Membership Profile") and an account ("WEcount Account") for those WEcount Panels and WEcount Activities (related to a particular WEcount Panel) for which Credit (as defined below) is awarded. 

 

Only one Panel Membership Profile is permitted per Member for each WEcount Panel and only one WEcount Account is permitted per Member for each WEcount Panel for which Credit is awarded. Any Member found to have multiple Panel Membership Profiles and/or WEcount Accounts may have secondary Panel Membership Profiles and/or WEcount Accounts deleted. Credit accrued in secondary WEcount Accounts may not be transferred. WEcount may demand proof of identity in the event of a dispute. 

 

A unique email address must be used by each Member. (For example, this means that family members may not each have an account using a shared email address but must each have a separate account with a separate email address.) 

 

Each Panel Membership Profile and WEcount Account must only be accessed by an individual Member, and may not be accessed by any other individual without the express permission and authorisation of WEcount. You agree to notify WEcount immediately you become aware of, or suspect any unauthorised use of your login information, Panel Membership Profile and / or WEcount Account, or any other breach of security. 

 

In the event of access to your WEcount Account by another individual, WEcount reserves the right to freeze the account until a resolution has been reached. WEcount reserves the right to reclaim any incentive earned by access of the unauthorised user, for which the Member will have no recourse whatsoever against WEcount. 

 

Members may accrue credits for their WEcount Account ("Credit") in the prescribed manner detailed on the WEcount WebPages, including for completing the WEcount Registration Process and for participating in WEcount Panels and related WEcount Activities for which Credit is awarded. The amount of Credit accrued for participation in a WEcount Panel or related WEcount Activity will be notified to Members via authorised communications. 

Unless otherwise specifically notified, Credit can only be earned through following all and any instructions regarding earning Credit. A Member's failure to correctly follow any required instructions or procedures may result in no Credit being earned, for which the Member will have no recourse against WEcount. 

 

Credit earned will be recorded in your WEcount Account, however no Credit earned is ever available for redemption until the Member has (subject to paragraph 3.4.8 below) reached the specified fulfilment level notified to the Member when completing the respective WEcount Registration Process. 

 

WEcount reserves the right to change the range of WEcount Activities and WEcount Panels or related WEcount Activities through which Credit may be accrued and to vary the frequency of invitation to such activities and panels. WEcount also reserves the right to alter the level of Credit required before such Credit can be redeemed. 

 

Credit may not be transferred to other WEcount Accounts nor pooled together in any manner and the sale or barter of Credit is strictly prohibited. Credit has no monetary value, and cannot be used for any purpose other than redeeming the designated reward. 

WEcount may from time to time adjust a Member's WEcount Account upwards or downwards in response to errors which Members acknowledge may arise or suspected fraud, for which we have full authority. 

 

WEcount reserves the right to terminate any WEcount Account that has been dormant for a period of 6 months or more. By ‘dormant’ we mean, where the Member has not participated in the relevant WEcount Panel or related WEcount Activity within the preceding 6 month period. WEcount will attempt to contact the Member, via their nominated email address, if their WEcount Account is at risk of termination through inactivity. In the absence of a satisfactory response, the WEcount Account will be terminated, and any accrued Credit will be forfeited. 

 

Prize polls 

 

WEcount may ask you to participate in WEcount Activities which will enter you into a prize draw. Such draws will be governed by the respective terms and conditions specified and displayed for each prize draw. 

 

User Content 

 

Use of the WEcount WebPages and participation in WEcount Activities or WEcount Panels may allow you to interact with, or submit content to, the WEcount WebPages which may be visible to other users of the WEcount WebPages ("User Content"). 

 

You acknowledge that User Content provided by you is your sole responsibility. This means that you, and not WEcount, are entirely responsible for all User Content you upload, post, link to, email or otherwise transmit via your use of the WEcount WebPages or your participation in any of the WEcount Activities or WEcount Panels. 

 

WEcount does not control or pre-screen the User Content posted on the WebPages and does not guarantee the accuracy, integrity or quality of such User Content, and therefore assumes no liability in respect of the User Content. 

 

You understand that by using the WEcount WebPages, you may be exposed to User Content, and you agree that you must evaluate, and bear any and all risks associated with the use of any User Content, including any reliance on its accuracy, completeness, or usefulness. Notwithstanding the foregoing WEcount shall have the right in their sole discretion to refuse, edit, move or remove any such User Content, whether or not it violates these terms and conditions. 

 

With respect to all User Content you elect to transmit to the WEcount WebPages, you grant WEcount the royalty-free, perpetual, irrevocable, non-exclusive licence (with the right to sublicense) to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, perform and display such User Content (in whole or part) throughout the world and / or to incorporate it in other works in any form, media or technology now known or later developed, for any purposes. 

 

In the course of using the WEcount WebPages and / or participating in WEcount Activities or WEcount Panels, you agree not to:- 

 

Upload, post, link to, email or otherwise transmit any information that is unlawful in any way in Bermuda; 

 

Impersonate any person (whether living or dead) or entity; 

 

Forge headers or otherwise manipulate identities in order to disguise the origin of any content transmitted through the WEcount WebPages or provided through participation in WEcount Activities or WEcount Panels; 

 

Upload, post, link to, or otherwise transmit any information that you do not have a right to transmit; 

 

Upload, post, link to, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "chain letters", "phishing emails", "pyramid schemes", or any other form of solicitation; 

 

Upload, post, link to, email or otherwise transmit any material that contains software viruses or any other computer, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

 

Collect or store personal data about other individuals; or 

 

Attempt to submit more than one vote per survey or do any other act that may affect the validity of any result obtained through any WEcount Activity or WEcount Panel. 

 

Termination 

If you no longer wish to be a Member please contact WEcount. WEcount will then cease to contact you, subject to a 30 day administration period. You therefore acknowledge and agree that if you terminate your membership you may receive emails from WEcount for a period of 30 days thereafter. In terminating membership, any accumulated Credit will be forfeited and you shall have no recourse in respect of such Credit. 

 

You agree that WEcount, in its sole discretion, may terminate or suspend your WEcount Membership, or participation in any WEcount Activities or WEcount Panels, or remove or discard any User Content, for any reason, including, without limitation, for lack of use, or if WEcount believed that you have violated or acted inconsistently with the letter or spirit of these Terms. 

 

You agree that any termination of your access to WEcount Activities or WEcount Panels under any provision of these Terms may be effected without notice, and acknowledge and agree that WEcount may immediately deactivate your registration as a Member and / or bar access to WEcount Activities and WEcount Panels. Further, you agree that WEcount shall not be liable to you or any third-party for any termination of your access to the WEcount Activities or WEcount Panels. 

 

WEcount reserves the right to terminate the WEcount Panel, or WEcount WebPages at any time. In such a case and unless specified otherwise, no WEcount Account Credit will be redeemable by any members with the exception of those who have reached fulfilment level referred to above. WEcount will endeavour to communicate to all Members the termination period, however WEcount will not be liable for failure to notify any Member regardless of the reasons. 

 

Indemnity 

You hereby agree to fully indemnify and keep indemnified WEcount, its successors and assignees and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of the WEcount WebPages (including the provision of User Content) or your participation in the WEcount Activities or WEcount Panels or resulting from any breach of this Agreement whether such breach is carried out by you or by any other person through your Panel Membership Profile or WEcount Account. 

 

Third Party Websites 

Links included within the WEcount WebPages may let you leave the WEcount WebPages and enter into other website(s) ("Linked Site(s)"). The Linked Sites are not under the control of WEcount and WEcount is not responsible for and nor shall it be liable for the contents of any Linked Sites or any links contained in a linked site or any changes or updates to such sites. WEcount is not responsible for webcasting or any other form of transmission received from any Linked Site. WEcount is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by WEcount of the site or any association with their operators. 

 

Intellectual Property 

All pages and content within the WEcount Consulting WebPages, including, but not limited to, text, graphics, audio, video, photographs, software, inventions, surveys, logos or other materials (“Materials”) are the intellectual property of, or are authorised for use by, WEcount and its licensors, business partners and affiliates, including all trade marks, service marks, copyrights, patents, database rights and trade secrets contained therein. The compilation, organisation and display of the content as well as all software and inventions used on and in connection with the WEcount Consulting WebPages are the exclusive property of WEcount Consulting. Except as expressly permitted in these terms and conditions, you may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, distribute or use in any way content available on this site without the prior written consent of WEcount Consulting. 

 

All Materials are protected by copyright, trade mark and other applicable laws. The copying, redistribution, use or publication by you of any such Materials or any part of this site, except as allowed by the limited licence set out below, is strictly prohibited. You have no rights in or to any Material and do not acquire ownership rights to any Materials viewed through this site. 

 

Please note that you are not authorised to use, distribute, copy or display any Materials, this web page, any other pages within this site or any section thereof for commercial gain or otherwise, and you may only use the information for your own internal purposes. You are forbidden from collecting information from our site and incorporating it into your own database or products. You are also forbidden from linking pages from our site to your own or any other site in any way without WEcount Consulting’s express prior written consent , with such consent remaining revocable at will by Wecount Consulting.  If you undertake any of these prohibited activities we hereby put you on notice that you are in breach not only of these terms but you are also infringing the intellectual property rights in the Materials and in the site and we reserve the right to take action against you to uphold our rights, which may involve pursuing injunctive proceedings with the costs of such proceedings and any and all related actions or expenses to be fully recoverable from you on an indemnity basis. 

 

These Terms and the WEcount Privacy Policy constitute the entire agreement between you and WEcount Consulting and supersede any and all prior agreements, arrangements, statements and understandings between WEcount and you, save for any agreed amendments which are to be evidenced clearly in writing between the parties. 

 

A waiver by WEcount Consulting relating to your use of WEcount Consulting web pages of any breach by you of any of the provisions of these Terms or the acquiescence of WEcount Consulting to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such provision or of any subsequent act contrary thereto. 

 

These Terms shall be governed by the laws of Bermuda and you agree to submit to the non-exclusive jurisdiction of the Bermuda Courts. 

 

General 

All notices given by WEcount to Members will be sent to their designated email address provided by them during the WEcount Registration Process and notices so sent will be deemed to be served and received regardless of whether or not actual service is effected. 

 

These Terms and the WEcount Privacy Policy constitute the entire agreement between you and WEcount and supersedes any prior agreements, arrangements, statements and understandings between WEcount and you. 

 

A waiver by WEcount of any breach by you of any of the provisions of these Terms or the acquiescence of WEcount to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such provision or of any subsequent act contrary thereto. 

 

These Terms shall be governed by the laws of Bermuda and you agree to submit to the non-exclusive jurisdiction of the Bermuda Courts.