Sgwrs Terms and Conditions
Sgwrs (the "Community") and the sgwrs.tfw.wales website (the "Website") are operated by Maru Group Canada Inc. ("MARU" or "we") on behalf of Transport for Wales. By joining the Community and becoming a Community member (a "Member") or by using the Website, you agree to be bound by the following terms & conditions (the "Terms"):
In order to receive invitations to participate in Community surveys you must first register as a Member of the Community by providing us with accurate, complete and updated registration information as required by the profiling survey. The profiling survey will ask you questions about your residence, age, your habits and attitudes, household status, gender, education level and so on.
To ensure the integrity of the Community, you may not (i) activate or use more than one Member profile account; (ii) use a name subject to rights of another person without authorization from that person; (iii) use a false or misleading name, address, or email address to activate or use an account; or (iv) provide any false or misleading information. If we have reason to believe that you have violated any of these provisions, we reserve the right to suspend or terminate your access to use of and/or participation in the community.
You are responsible for all usage or activity on your account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by you or is the result of you authorizing a third party to use your username and password.
Membership in the Community is open only to persons who are 16 years of age or older.
Employees of Transport for Wales, Transport for Wales Rail, its subsidiaries and their immediate families are not eligible to participate in the panel.
Employees of MARU, its subsidiaries and affiliates, and members of their immediate family are not eligible to participate.
At any time, you may update your email address and/or other registration information by visiting the Update Profile section of the Website and entering the information requested. You may also terminate your participation at any time by sending an email with the subject line "remove me" to email@example.com.
As a Member, you must be willing to participate in at least one survey per quarter (3 months). Your participation is completely voluntary, and there is no obligation for you to participate in every survey we conduct. Yet, we reserve the right to terminate the accounts that were not minimally active in the specified timeframe. However, we will firstly notify you about our intention one month earlier, as a reminder, so you have time:
- To understand the possible effects
- To complete the minimum number of surveys in order to preserve your status
In case you do not take any action, we will interpret this as an acceptance of the account’s termination.
Members are invited to participate in surveys based on demographic information or randomly, depending on the survey criteria. We do not guarantee any minimum number of surveys and you acknowledge and agree that we are under no obligation to provide you with a particular number of opportunities to participate in surveys.
We may offer sweepstakes or contests, with prizes to randomly selected entrants, those members who partake in panel activities will be eligible for entry into these sweepstakes.
In some cases where the panel activity requires members to take part in chat forums or more interactive activities, we may offer a further individual reward.
At our sole discretion we reserve the right to suspend, terminate, revalue or modify, any reward scheme without liability or the provision of advance notice to you. We further reserve the right to adjudicate all reward discrepancies in our sole discretion, and you agree to abide with any such adjudication. In the event the sweepstakes/contest program is terminated, you will be notified and given at least 30 days.
We take reasonable care to ensure rewards are accurately deposited to each member, however the member is responsible for ensuring that all rewards are correctly assigned. Member must alert us in writing of any error within 30 days of when such error occurred. Liability for any applicable taxes imposed by any government on any monies you earn or donations you make through the redemption of points is your sole responsibility.
You agree not to abuse the Community by conduct which is detrimental to our interests in a manner that is in breach of or inconsistent with these Terms. Without limiting the foregoing, you may not: (a) activate or use more than one account; (b) present false or misleading information to us; or (c) assist another individual or entity in conducting fraudulent, abusive, manipulative or illegal activity. Any Member suspected of engaging in any fraudulent, abusive, manipulative or illegal activity may have their account terminated in our sole discretion, and the Member may be referred to appropriate law enforcement agencies if such action is deemed warranted.
You are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate 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.
Content of the surveys and information provided to you is proprietary and should not be published, copied or reproduced in whole or in part without our prior written consent. From time to time, on our website or in the Community, we may provide you with information that is confident or not known to the general public. Such information will be considered confidential and you will be asked not to share or use the information in any way other than as set out for Community purposes. Breach of this obligation will result in you forfeiting your accumulated point balance and you may be liable for monetary damage to MARU.
We do not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained on 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 Transport for Wales or MARU. You agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others.
You acknowledge and agree that we are not responsible or liable for any agreements between you and any of our affiliated companies or third-party service providers with regard to items or services you received as a result of being confirmed as the winner of a sweepstakes, or your participation in third-party promotions and/or other activities.
These Terms are governed by the laws of the UK and you agree to submit to the jurisdiction of the UK courts in respect of any disputes that may arise in connection herewith.
A waiver by us of any breach by you of any of the provisions of these Terms or our acquiescence to any act (whether by commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver such provision or of any subsequent act contrary thereto.
These Terms and Conditions embody the entire agreement between you and us in respect of the matters contained or referred to in them and there are no promises, terms, conditions or obligations oral or written, express or implied, other than those contained in the Terms & Conditions.
Contributions to TRANSPORT for Wales Sgwrs
We promise to keep your information secure and only use it for market research purposes to improve the TRANSPORT for WALES products and services. We will never use this data to market to you directly or pass it to any third party without your consent. However, we will link your responses with other data held on you by TRANSPORT for WALES to ensure you receive relevant and appropriate research activities.
You agree that your Contribution may be used, reproduced, and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as the source. We shall have no liability for any loss or damage suffered by you as a result of use, reproduction or disclosure of your Contribution by us.
You warrant that your Contribution is your own original work, that you have the right to make it available to the TRANSPORT for WALES for all the purposes specified above and does not infringe any law.
You also warrant that your Contribution will not bring the TRANSPORT for WALES, its affiliates or the Website into disrepute or subject the same to any derogatory treatment (including the depiction of any violent, defamatory, offensive or illegal activities in your Contribution).
You agree to indemnify the TRANSPORT for WALES against any claims, damages, liability, losses, costs and expenses it may suffer or incur in relation to the TRANSPORT for WALES’s use of your Contribution or in relation to your use of the Website.
You agree to irrevocably waive your moral rights subsisting in the Contribution. To the extent that the moral rights of another author subsist in your Contribution, you warrant the author has irrevocably waived his moral rights in the Contribution.
The TRANSPORT for WALES is not responsible for maintaining your Contribution and we may delete it at any time without notice. Maintaining your Contribution does not constitute an endorsement of it by the TRANSPORT for WALES.
Third Party Information
The Website may contain links to, or information about, other websites, products or services. We do not make any representation or warranty about any such third-party information and nothing on the Website should be construed as an endorsement of such third-party information unless otherwise explicitly stated.
We take all the necessary and reasonable measures to prevent online attacks and data breaches as we are committed to ensuring users' digital protection. Furthermore, we use encryptions for all your messages.
However, we cannot control and secure the entire online activity of our users. That means we cannot be held liable for unauthorised interception or decryption of messages. In addition to that, we are not responsible for unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; online failures; hardware, software or other technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting or corrupting the Community in any manner including without limitation, receipt of redemption requests, your ability to participate in the Community.
We are not responsible for unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; online failures; hardware, software or other technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting or corrupting the Community in any manner including without limitation, receipt of redemption requests, your ability to participate in the Community.
Yet, we take responsibility for the damage caused to your computer occasioned by participation in the Community or downloading of any information necessary to participate in the Community, as long as we were subject to imposing higher security standards by law, contract, or general practices.
THE WEBSITE AND THE COMMUNITY, INCLUDING ALL CONTENT OR SERVICES MADE AVAILABLE THEREON OR ACCESSED THRERETHROUGH, ARE PROVIDED "AS IS." TRANSPORT for WALES OR MARU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE COMMUNITY. FURTHER, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE MERCHANTBILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not warrant that the functions contained in the Website or Community or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the Community will be corrected, or will be free of viruses or other harmful components. We can only take the most reasonable and necessary measures to ensure digital safety and take full responsibility for the errors done by us. MARU/’s data protection schedule can be found here: https://www.marugroup.net/s/Reference-Data-Protection-Schedule-v40-Website.pdf.
In no event will we be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, lost opportunities, costs of cover exemplary, punitive, personal injury/wrongful death, special incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties regardless of whether or not either party has been advised of the possibility of such damages.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY ANY PART OF THESE TERMS, AT ANY TIME BY CHANGING THESE TERMS OR RELATED INFORMATION ON OUR WEBSITE.
We may, in our sole discretion, terminate or suspend any Member's access to all or part of the Community for any reason, including, without limitation, breach of these Terms, or taking actions that are inconsistent with the intent of these Terms. We will be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms. Any decision we make relating to termination or suspension of any Member's account shall be final and binding. We shall not be liable to you or any third-party for any termination of your access to the Community or termination of your point account.
We may also terminate any Member's account in our sole discretion and without prior notice if a Member has failed to complete a survey for a period of more than three (3) months.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER MARU NOR ANY OF OUR AGENTS WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, FOR LOST PROFITS OR YOUR USE OF THE WEBSITE OR PARTICIPATION IN THE COMMUNITY AND IN NO EVENT SHALL THE LIABILITY OF MARU OR OUR AGENTS EXCEED THE ACTUAL RETAIL VALUE OF AN APPLICABLE REWARD AT ISSUE.
You agree to indemnify, defend and hold harmless MARU, its employees, directors, officers, agents and representatives from and against any and all third-party claims, demands, liabilities, costs or expenses whatsoever, including attorney's fees, arising from or related to any breach by you of any of the Terms or applicable laws, or in any other way arising out of your use of the Website, the Community or any content contained therein.
TRANSPORT For WALES and Maru warrant and undertake that they (and their respective sub-contractors and agents if any) shall duly observe their obligations under the Data Protection Act 2018 ("DPA") along with the General Data Protection Regulation and any superseding or amending legislation and all other current data protection legislation which is relevant to performance of their obligations under the Terms and Conditions.
For the purposes, the terms 'processing', 'personal data', 'data controller' and 'data processor' shall bear the same meanings as set out in the data protection legislation (Data Protection Act 2018, General Data Protection Regulation and any related regulation).
You acknowledge that the TRANSPORT for WALES and Maru may process your personal data from time to time in the course of operating the Website. You acknowledge that the TRANSPORT for WALES shall be the data controller and Maru shall be the data processor in respect of the processing your personal data.
This obligation requires:
Your personal data shall only be used to fulfil the TRANSPORT for WALES and Maru's (and/or the TRANSPORT for WALES and Maru's respective sub-contractors' and agents') obligations under the Terms & Conditions and shall be processed only in accordance with the Terms & Conditions or as otherwise instructed by you and neither the TRANSPORT for WALES nor Maru shall disclose your personal data to any unauthorised party whatsoever. For the avoidance of doubt the TRANSPORT for WALES will only use your personal data for marketing communications with your express consent;
That the TRANSPORT for WALES and Maru (and the TRANSPORT for WALES and Maru's respective sub-contractors and/or agents, if any) keep your personal data secure at all times and shall take such technical and organisational security measures against unauthorised and unlawful processing of, accidental loss of, destruction of or damage to your personal data as may be required to ensure a level of security appropriate to the harm that might result from such processing, loss, destruction or damage and the nature of your personal data to be protected;
That your personal data shall only be disclosed to those personnel, sub-contractors and agents that are reasonably required to have access to your personal data pursuant to their respective obligations under the Terms & Conditions provided that TRANSPORT for WALES and Maru shall apprise any such personnel, sub-contractor or agent of the terms and TRANSPORT for WALES and Maru shall be responsible for ensuring that any such employee, sub-contractor or agent of theirs complies with all relevant obligations contained all current data protection legislation;
That neither TRANSPORT for WALES nor Maru shall (and shall ensure that neither TRANSPORT for WALES nor Maru's respective sub-contractors and agents shall) process your personal data outside the European Economic Area without your express prior written consent, and where you consent to such processing to comply with any reasonable instructions notified by you to TRANSPORT for WALES or Maru;
That neither TRANSPORT for WALES nor Maru shall (and shall procure that no sub-contractor or agent shall) retain your personal data or any copies or records thereof for longer than is reasonably necessary to perform their obligations under these Terms & Conditions.
TRANSPORT for WALES and Maru agree to provide (and shall procure that their respective sub-contractors or agents provide) you with all reasonable cooperation and assistance in relation to any complaint or request received by you in relation to your personal data.
DATA PROTECTION OFFICER
For any privacy and data protection issues, inquiries or recommendations, please contact our Data Protection Officer: firstname.lastname@example.org
All information posted on the Website, including these Terms, is subject to change without notice. Your continued use of the Website after such changes is deemed to be your acceptance of such changes so please check the Terms regularly. If any changes are made to these Terms, MARU will revise the "Last Updated" date that is indicated on the Terms.
Last Updated: October 2021