Last updated: March 2021

Introduction

Welcome to the Member Pulse community, located at www.principalitypulse.co.uk (“Site”). The Site is run by Toluna UK Limited (“we”, “us” or “Community”), on behalf of its client. These Terms and Conditions (the “Terms”) sets forth the agreement between us and each user ("you") governing the use by you of this Site. Please read these Terms carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in these Terms. If you do not agree to these Terms, you may not access, register for a community member account or otherwise use this Site.

Privacy Policy

We will only use your personal data in accordance with our Privacy policy. Use of this Site is subject to the terms of the Privacy Policy.

The Community reserves the right at its sole discretion to change, modify, add or remove portions of these Terms including the Privacy Policy of the Community at any time. See Privacy Policy for more details of our Privacy Policy update procedure. The “Last Updated” date at the bottom of these Terms will indicate when the latest modifications were made. It is your responsibility to check these Terms periodically for changes. Your continued use of this Site after these Terms have been changed will mean that you accept and agree to the changes. In addition, when using particular services or features on this Site, you may be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms. Provided you comply with these Terms, the Community grants you a personal, non-exclusive, non-transferable, limited privilege to enter, access and use this Site.

Eligibility

Membership to this Site is free and is open to individuals only (not corporations or other business entities) that are at least eighteen (18) years of age. Participation in certain Surveys (as defined below) may be further restricted based on your age or geographic location. You are permitted to only have one account.

Your Member Account

Whilst you may access this Site without registering for a member account, in order for an account to be established in your name and for you to participate in any Surveys (as defined below), you must complete the provided online registration. To open a member account, you must provide the Community with complete and valid contact information, including your full legal name, e-mail address, and all other requested mandatory information. Some information we ask you to provide is optional and if you prefer not to give this, there is a “prefer not to say” option. Your account must have a unique and valid e-mail address and password.

You agree to provide only accurate, current and complete registration information and to keep that information updated in order to maintain its accuracy. In order to ensure that your information is kept up to date, and to help you in keeping up to date we may ask you at certain times to check and update your information as necessary. The Community may terminate or suspend your membership and you may forfeit your rewards if you fail to provide or keep your personal information accurate and complete.

You may only use one (1) password to open and access your account. You may not use another account holder's password or allow anyone else to use your password, for any reason. You are solely responsible for the security of your user name and password and any activity that occurs under your member account, whether authorised or unauthorised. The Community will not be responsible for any losses incurred through the use of your password by a third party, except when unauthorised use is directly attributable to the gross negligence or wilful misconduct of the Community. You agree to immediately notify the Community of any unauthorised use or breach of your member account.

Should you forget your password, you may request that the Community send it to you via e-mail by either contacting us at hello@principalitypulse.co.uk and requesting a new password, or clicking on the ‘forgot password’ hyperlink in your online portal and we will send you a new one. This procedure assumes that mention is made of your username and that the e-mail address provided by you, when registering is used (or the new one provided in the event of an update).

By registering as a member of this Site, you agree to receive e-mail invitations to participate in surveys and other activities conducted by the Community, its third-party partners and their clients (“Surveys”). The Community does not guarantee that you will receive a certain minimum volume of invitations or any invitations at all. Your participation in any Surveys and your disclosure of any personal data is completely voluntary.

The Community retains the right to monitor all member activity within the Site. Your member account may be terminated if required by law or if you have violated our Code of Conduct below. In the event that your member account shows signs of fraud, abuse, suspicious activity or as otherwise deemed necessary by us (for instance, where you do not respond to a reasonable number of participation requests in Surveys) we reserve the right to terminate your member account. If you have conducted any fraudulent activity, the Community reserves the right to take any necessary legal action and may have grounds to confiscate any rewards redeemed as a result of such activity. In addition, you may be liable for monetary losses to the Community, including litigation costs and damages, and you will not be allowed to participate in the Community in the future.

THE COMMUNITY MAY TERMINATE YOUR MEMBER ACCOUNT AT ANY TIME FOR ANY REASON.

You may cancel your account at any time by contacting the Community. Please see further information on this in the Privacy Policy.

Rewards

The Community values our members' opinions and to show our appreciation, the Community offers rewards in the form of prize draws (see below). More information about the rewards programme of the Community can be found at here.

Relationship

You are responsible for providing any computer equipment and communications services necessary to connect and access this Site. You agree that neither your membership to this Site nor your completion of any Surveys for the Community/Principality Building Society creates any employment or other relationship, and that your completion of Surveys is strictly as an independent consumer. You also agree that any rewards you receive for completing Surveys are the only compensation you will receive for your completion of such Surveys.

Member Code of Conduct

Member Pulse is an online community dedicated to making your voice heard and allowing you to tell our client, Principality Building Society, a mutual building society and a leading provider of financial products and services what you think. When you use and post content to this Site you must observe the following rules:

• Only one member account per person. Any duplicate accounts will be terminated.
• Be courteous and respect the opinions of others and behave in a manner that supports a safe and comfortable environment for all members.
• Do not post any of the following:
  • Material that advocates illegal activity or political, religious or ideological beliefs.
  • Personal attacks or anything obscene, vulgar, illegal, harmful, discriminatory, racist, xenophobic, insulting, threatening, abusive, harassing, defamatory, libellous, untrue, misleading or invasive of someone else's privacy or anything that is in any way pornographic or paedophiliac or that refers directly or indirectly to pornographic or paedophiliac sites including "jokes" that may be misconstrued.
  • Advertising and solicitations - Do not use any community areas to buy or solicit for goods, services, money, or to advertise or sell products or services to others. For example, do not post any advertising, referrals, promotional materials, junk mail, "spam," chain letters, pyramid schemes or any other form of solicitation.
  • Any content that infringes any patent, copyright, trademark, trade secret or other intellectual property right of another or that, without prior written permission, uses any third party content.
  • Any statement that expresses or implies that any actions you take are endorsed by the Community or our clients.
• Act in good faith when taking Surveys. Your answers should be genuine and true to the best of your knowledge and belief. Your answers should be of your own opinion and not of others. You should take care not to speed through a Survey or answer each question in a similar way. The Community reserves the right to withhold awarding rewards if, in the Community’s reasonable view, your Survey responses are untruthful or not well considered.
• Do not access or use any part of the Site for anything other than your personal, non-commercial use.
• Do not access or use any part of the Site in any way that may violate any applicable law, regulation, or other governmental requirement and/or principles of good conduct.
• Do not resell, barter, trade or otherwise attempt to generate income by providing access to your member account to others.
• Do not impersonate any individual or entity. This includes, without limitation, a community employee, agent or client, or other community members or otherwise misrepresent your affiliation with any person or entity. This includes "framing" any portion of this Site to make it look like you have a relationship with us or that we have endorsed you for any purpose.
• Do not attempt to circumvent the Site or any security measures used on the Site, including requesting rankings from other members or posting content which does not respond to or pose any question in order to garner rewards.
• Do not release, publish or otherwise disclose or make reference to any Survey or cite content in any media without our prior written permission.
• Do not collect or store any personal information about other members of this Site. Do not obtain email addresses of other Site members or third parties with a view to sending unsolicited emails, for whatever reason or purpose.
• Do not attempt to access any service or area of the Site or Surveys that you are not authorised to access. This includes the server on which our Site is stored and any server, computer or database connected to our Site.
• Do not use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data.
• Do not misuse our Site by knowingly introducing, or sending to or otherwise impact us or this Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact this Site or any recipient or take any action, such as a denial of service attack, that might impose a burden on this Site's infrastructure or interfere with the ordinary operation of this Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
• Do not repost on the Site any statements you receive from the Community Help Desk or Customer Support.
• Do not communicate with the Community help desk in a manner which is obscene, vulgar, harmful, insulting, threatening, abusive, harassing, defamatory, libellous, untrue or misleading.
• Do not engage in any other activity that the Community may reasonably deem improper or abusive. Failure to comply with this Code of Conduct may result in termination of your member account.
• By breaching any of these provisions in this Code of Conduct, you may be committing a criminal offence under local applicable law. If such an offence occurs, we will report the breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Confidentiality of Surveys

Our client may disclose confidential and/or proprietary information and materials to you as part of Surveys, and such information and materials shall remain the sole and exclusive property of its owner. This confidential information may include, but is not limited to, new product ideas or concepts, packaging concepts, advertising and movie or television concepts or trailers inclusive of the text, visual images and sounds related thereto. By becoming a member, you agree that you will keep the contents and materials disclosed to you, as part of all Surveys in which you participate, confidential and not disclose them to any third party or use the information for any purpose except for the sole purpose of completing the Surveys. If you breach this obligation, in addition to the termination of your account, you may be liable for monetary damages to the Community and/or our clients for damages caused by the result of your breach.

Member Content and License

You hereby grant the Community and clients where the Survey in question is conducted by them, a non-exclusive, perpetual, unlimited, worldwide, royalty-free right to use for any purpose any content you submit to this Site. For example, your opinions, ideas and Survey responses), including the right to edit, copy, transmit, publish, display, modify, distribute, create derivative works from and develop such content. You, not the Community, will have sole responsibility and liability for all content you use, upload, post or submit to the Site, including on our message boards and in any Survey in which you participate, including the obligation to obtain any necessary approvals and authorisations required to post such content. By submitting such content to the Site, you release the Community and its clients and third party partners from any obligation to compensate you in respect of use of such content in any form, including without limitation, for commercial use and hereby waive any moral rights that you might otherwise have been able to exercise in respect of that content.

The Community Intellectual Property

You acknowledge that all materials on the Site, including the Site’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of the Community or its clients or licensors and are subject to and protected by international copyright and other intellectual property laws and rights. All rights not expressly granted to you are reserved by the Community or its clients or licensors. Except as expressly authorised by these Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorisation of the Community or the respective intellectual property rights owner. The Community authorises you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.

The logo and trademarks "Member Pulse", "www.principalitypulse.co.uk" are trademarks or registered trademarks of our client. All other trademarks, service marks, logos and trade names used on this Site are the property of the Community or its clients or its third party licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorisation of the Community, its clients and/or its licensors. All rights are reserved.

Disclaimer of Warranties

By utilising this Site, you acknowledge and agree that the Community is not a bank or any other kind or form of financial institution. The Community is not responsible for the actions of any third party, such as the issuers of any e-rewards, gift cards, vouchers or other rewards.

You expressly agree that your use of this Site and your member account is at your sole risk. You agree that this Site, all information on this Site, and the services offered by this and their functionality are provided by the Community or its corporate parents or affiliates, successors or assigns, suppliers or agents, "AS IS" and "AS AVAILABLE". The Community is not responsible for typographical errors regardless of source. In addition, the Community does not represent or warrant that the information accessible on this Site is accurate, complete, or current. You hereby release the Community and its affiliates from all liability regarding the redemption and use of any rewards, other than rewards that, after receipt, may be lost, stolen or destroyed. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE COMMUNITY AND ITS AFFILIATES OR AGENTS DISCLAIM ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF SATISFACTORY QUALITY , OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, AND OF ACCURACY OR COMPLETENESS OR PRIVACY OR SECURITY OF INFORMATION; (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMMUNITY FURTHER DISCLAIMS ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, FREEDOM FROM COMPUTER VIRUS, AND LACK OF NEGLIGENCE. THE COMMUNITY FURTHER MAKES NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE, OR AGAINST INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMMUNITY AND ITS AFFILIATES ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

WITH THE EXCEPTION OF PERSONAL INJURY OR DEATH RESULTING FROM THEIR NEGLIGENCE OR ANY LIABILITY FOR FRAUD, THE COMMUNITY AND ITS AFFILIATES OR AGENTS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORISED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. SUBJECT TO THE EXCEPTIONS STATED AT THE BEGINNING OF THIS PARAGRAPH ,THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, TO THE FULLEST EXTENT ALLOWED BY LAW, FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR GENERAL DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE AGREEMENT OR THIS SITE, EVEN IF THE COMMUNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.

IN NO EVENT SHALL THE LIABILITY OF THE COMMUNITY, ITS CORPORATE PARENTS OR AFFILIATES, SUCCESSORS OR ASSIGNS, SUPPLIERS OR AGENTS EXCEED THE ACTUAL RETAIL VALUE OF AN APPLICABLE REWARD AT ISSUE, OR IF A DISPUTE RELATES GENERALLY TO YOUR USE OF THE SITE, TO THE FAIR MARKET RETAIL VALUE OF THE REWARDS WHICH YOUR UNUSED, UNEXPIRED, NON-CANCELED REWARDS ARE CONVERTIBLE INTO.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to compensate and hold the Community, and its parent and affiliated companies, together with their officers, directors, owners, employees and agents harmless from any and all claims, reasonable losses, damages, fines, and costs (including reasonable solicitor's fees and reasonable expert witness costs, including reasonable costs associated with in-house counsel), (collectively "Claims"), arising from your, breach of the Member Code of Conduct. The Community will promptly notify you and Principality Building Society in the case of any such Claim. You agree that the Community has the right to defend any legitimate Claim and to settle any such Claim on the proviso that it will keep you updated regarding the steps that it is taking and the reasonable costs that it is incurring. You agree to provide the Community with all reasonable assistance in the defence of any Claim.

Links; Third Party Websites

The Community may provide links to third-party websites as a convenience to you and the Community's providing of any link does not constitute an endorsement by such site of the Community or vice versa. If you use these links, you will leave the Site. You agree that the Community is not responsible for examining or evaluating the content or accuracy and the Community does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You will use these links at your own risk. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that the Community is not in any way responsible for any such use by you. The Community expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.

Applicable Law and Exclusive Forum

These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of this Site shall be governed by the laws of England and Wales without regard to its conflict of law provisions. Any disputes regarding such claims or arising under or related in any way to these Terms or this Site shall be heard exclusively in the appropriate forum in the English and Welsh courts.

Notices

Notices to You: We may give you all notices that we are required to give by posting notice on this Site. You also agree that we may give notice by email in our discretion. We may provide notice to any email or other address that you provide during registration. You agree to keep your address current and to check for notices posted on the Site.

Notices to Us: We receive many emails and not all employees are trained to deal with every kind of communication, so you agree to send us notice by emailing us at legal@toluna.com, indicating the domain name of the online community of which you are a member or posting such notice to Toluna UK Ltd., Member Pulse, Ealing Cross, 85 Uxbridge Road, W5 5TH. Attn. General Counsel.

Entire Agreement; Miscellaneous

These Terms, including items incorporated into them (e.g., the Privacy Policy), as well as any additional terms or conditions contained on the Site for particular activities and disclosures provided by us and consents provided by you on the Site (collectively, the "Entire Agreement"), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches, and time is of the essence of the Entire Agreement. This Site is controlled by us from our offices within the United Kingdom and is directed to UK users. If you choose to access this Site from locations outside the UK, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of UK export laws and regulations or the Entire Agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

The "Disclaimer of Warranties” and “Limitation of Liability" provisions of these Terms are for the benefit of us and our affiliates and each of these entities shall have the right to assert and enforce these provisions directly against you on their own behalf.

Notice of Copyright Agent

The Community respects the intellectual property rights of others and requests that you do the same. If you believe that your work has been reproduced in this Site in a way constituting copyright infringement, you may provide a notice to the designated Copyright Agent for the Site at hello@principalitypulse.co.uk containing the following:

• An electronic or physical signature of a person authorised to act on behalf of the owner of the copyright interest;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
• The address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
• A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
• A representation that the information in the notice is accurate and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Further Information

If you have a complaint, you may contact us at hello@principalitypulse.co.uk Toluna UK Limited, Member Pulse, Ealing Cross, 85 Uxbridge Road, W5 5TH.