Kantar Compass website
Terms and conditions
ACCEPTANCE OF TERMS
DESCRIPTION AND USE OF THIS WEBSITE
Kantar Consulting UK Limited and its Affiliates (“Kantar”) engages in employee capability assessment projects internally and for its clients (each such project is referred to herein as “COMPASS Tool”). The purpose of this website is to facilitate and support the use of COMPASS Tool.
These Terms governs your access to and use of the COMPASS Tool using this online platform (the “Website”) and your participation in various exercises using the Website that Kantar may invite you to participate in on behalf of the company that employs you.
YOUR PARTICIPATION IN COMPASS
When you agree to participate in an employee engagement or training exercise using the COMPASS Tool and this Website your contact information is entered into COMPASS for a period of time determined by your employer. To enable you to participate you will receive an email from or on behalf of Kantar with a unique registration link inviting you to create a login and password. It is important that you don’t share this information with anyone else
YOU GIVE YOUR PERMISSION TO RECEIVE EMAILS, PHONE CALLS, AND TEXT MESSAGES FROM KANTAR WITH REGARD TO PARTICIPATION IN COMPASS
REGISTRATION AND ACCOUNT SECURITY
In order to register for participation, you must provide all required profile information upon entering the COMPASS Tool, which includes personal information.
We use industry standard encryption technologies when transferring and receiving data exchanged with our Website. We use Secure Sockets Layer encryption technology during data transmission in an effort to protect your communication and maintain your privacy.
By using our Website, you agree to provide and maintain accurate personal information as indicated to you during our registration process. If you provide any information which is inaccurate or outdated, or if we have reasonable grounds to question the truthfulness of the information provided, or if we determine that you have created multiple accounts, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof).
You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or related to our Website.
Security of your account information is a personal responsibility, and you acknowledge and agree that you are solely responsible for maintaining the confidentiality and security of your account information, and that you are not permitted to let anyone else use your account. You further acknowledge and agree that you will not reveal your account information to anyone else or use anyone else’s account information when accessing our Website. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION, AND THAT WE EXPRESSLY DISCLAIM ALL LIABILITY FOR SUCH LOSSES OR DAMAGES.
RESTRICTIONS OF USE: All information, content and materials contained on our Website and/ or the COMPASS Tool are the property of Kantar and are protected under Copyright, Designs and Patents Act 1988 an all other relevant and applicable intellectual property legislation. None of the information, content or material from our Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. The use of any information, content or materials on our Website or computer environment without our express written permission (which may be withheld for any reason) is strictly prohibited.
Our Website is intended for your personal use only. You may not use our Website for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You may not submit or transmit any information or material that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be an invasion of another’s right to privacy; (b) is offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any rights of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distributed another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or (f) does not otherwise comply with the terms and conditions of this Agreement.
You may not submit or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage our Website or any connected network, or otherwise interfere with any person’s use or enjoyment of our Website..
You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, modify any logos that you do not own or have express permission to modify.
We cannot and do not assure that other members are or will be in compliance with these terms, and, as between you and Kantar, you hereby assume all risk of harm or injury resulting from any other person’s lack of compliance which causes you harm.
To the extent that any feature on our Website requires you to submit your e-mail address in order to send an e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address, as applicable. Any business use, “re-mailing,” or use of other high-volume applications is strictly prohibited. You are not permitted to send e-mails or messages to us using an automated program. E-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver e-mail messages that violate these guidelines.
WE RESERVE THE RIGHT TO MODIFY OR CHANGE THE WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT, INFORMATION OR MATERIALS APPEARING ON OR AVAILABLE THROUGH THE WEBSITE FOR ANY REASON WHATSOEVER AND WITHOUT PRIOR NOTICE TO YOU
OWNERSHIP OF INTELLECTUAL PROPERTY: You acknowledge and agree that we are and shall remain the owner of all right, title and interest in and to the Website and its content, including without limitation all patents, rights to inventions, copyright and related rights, moral rights, database rights, semiconductor topography rights, utility models, rights in designs, trade marks, service marks, trade or brand names, domain names, rights in goodwill or to sue for passing off, and other similar or equivalent rights or forms of protection in each case whether registered or unregistered and including all applications (or rights to apply) for, and for renewals and extensions of, such rights as may now or in the future exist anywhere in the world (collectively, the “Intellectual Property Rights”), including without limitation all derivatives, improvements, modifications and enhancements thereto, and all Intellectual Property Rights associated therewith. Nothing in this Agreement shall in any way constitute or be deemed a sale or assignment of rights in, or transfer of ownership, of any right, title and interest in and to the Intellectual Property Rights. All Intellectual Property Rights remain the sole and exclusive property of Kantar, its affiliates or its Licensors.
TERMINATION OF PARTICIPATION: You agree and acknowledge that we shall have the right to immediately terminate your participation if we determine that: (i) you have violated any of the restrictions in this Agreement; (ii) you have provided us with any false information; (iii) you have not completed the tasks truthfully and accurately; (iv) you have failed to safeguard your username and password; (v) you have been deemed disruptive and/or non-responsive while participating in a mission;, or (vi) you have allowed a third party to use your username and password or have otherwise facilitated a third party’s completion of a survey on your behalf.
Termination of membership is never based on race, national origin, gender, religion, or sexual orientation.
You are free to terminate your membership at any time, and may do so by sending an e-mail to email@example.com containing your membership account information and the request that we terminate your membership.
This Website is not intended for anyone under the age of 18. You represent that you are 18 years of age or older.
DISCLAIMER; LIMITATION OF LIABILITY: KANTAR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT THAT YOU MAY OBTAIN USING THE WEBSITE OR THE INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE. THE INFORMATION, CONTENT AND MATERIAL ON OUR WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE LIABILITY FOR THE SELECTION AND USE OF OUR WEBSITE, AND WE SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION OUR OWN NEGLIGENCE, SHALL KANTAR, OUR AFFILIATES, LICENSORS, LICENSEES, MEMBERS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY AND PROPERTY DAMAGE OF ANY NATURE WHATOSOEVER, THAT RESULTS FROM (A) THE USE OF, OR THE INABILITY TO USE, OUR WEBSITE OR CONTENT, MATERIALS OR FUNCTIONS ON THE WEBSITE; OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED $100 FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO OUR WEBSITE. THIS PROVISION SHALL SURVIVE TERMINATION OF YOUR USE OF THE WEBSITE OR OUR TERMINATION OF THIS AGREEMENT OR THE PARTICIPATION AGREEMENT.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL KANTAR, OUR AFFILIATES, LICENSORS, LICENSEES, MEMBERS, AGENTS REPRESENTATIVES AND OTHER AUTHORIZED USERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND OUR REASONABLE CONTROL.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE, OUR AFFILIATES, LICENSORS AND LICENSEES SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN OUR WEBSITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE, OR (B) ANY DELAYS OR FAILURES THAT YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO OUR WEBSITE.
WE SHALL NOT BE RESPONSIBLE FOR: TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. APPLICABLE LAW MAY NOT ALLOW ONE OR MORE LIMITATIONS, EXCLUSIONS, OR DISCLAIMER OF LIABILITY FOR CERTAIN PROVISIONS SET IN THIS AGREEMENT, AND SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
You are entirely responsible for maintaining the confidentiality of your username, password and the security of your account, as well as activities that occur under your account. You hereby agree to indemnify, defend and hold Kantar, our affiliates, licensors, licensees, members, agents, representatives and other authorized users (including any respective officers, directors, owners, employees, agents, representatives and assigns) harmless from and against any and all losses, damages, claims, damages, liabilities and costs (including, without limitation, settlement cost and any legal or other fees and expenses for investigating and/or defending any actions or threatened actions) incurred in connection with any claim arising out of any breach by you of this Agreement or claims arising from your participation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Any dispute arising out of or otherwise related to these Terms, the Participation Agreement or the Parties hereto, including without limitation any dispute regarding the validity, interpretation and/or enforce ability of these Terms or the Participation Agreement, shall be resolved by the courts of the England and Wales which shall apply the laws of the England and Wales.
Last updated July 2019.
 “Affiliates” means any legal entity that directly or indirectly: (i) is Controlled by Kantar Consulting UK Limited (ii) Controls Kantar Consulting UK Limited; or (iii) is under substantially common Control and in relation to Kantar Consulting UK Limited is trading as “Kantar” from time to time and under the common Control of the Kantar (but excluding any operating entities trading as Europanel). “Control” means the ownership, directly or indirectly, of a majority of the voting shares of such entity or is the ability (directly or indirectly) to appoint a majority of the directors of such entity or the authority to direct the management or policies of such entity, by contract or otherwise.