Terms of Services

These Terms of Use were last updated on: 20th September 2022

Your use of www.opinionest.com and Opinionest (henceforth “Opinionest”) Online Service and Products (referred to as the offering in this document as the “Offering” and excluding any offering provided to you by Opinionest under a separate written agreement) is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with Opinionest will always include at a minimum, the terms and conditions set out in this document.

Opinionest (together with any affiliates, “we“, “us“, “our'' and the “Company“) owns and operates one or more websites, mobile apps, and interactive services, under the brand Opinionest or associated brands (collectively, the “Platform“). These Terms of Use (“Terms“) apply to the Platform and to all of the features, mobile applications, emails, online services and other functionalities (collectively, the “Features”) available via or related to the Platform, whether accessed via a computer, mobile device, or otherwise. These Terms of Use may also apply to future websites, mobile apps, and interactive services operated by the Company, whether or not associated with the Opinionest brand.

These Terms are a legal agreement between you and the Company. By using the Platform or our Services (defined below), or by agreeing to these Terms where that option is made available to you, you agree to be bound by these Terms as well as our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not register with our Platform or our Services. We may post additional terms, official rules, or agreements that apply to certain services, applications, activities, and features we offer or provide at or through the Platform (“Additional Terms“), and you may be subject to such Additional Terms when you access those services, applications, activities and/or features. In the event of any conflict between the terms of the Additional Terms (on the one hand) and these Terms (on the other hand), these Terms shall prevail unless expressly otherwise stated in the Additional Terms, which are intended to supplement, but not replace, these Terms.

Accepting the Terms: Opinionest shall interact with its Users through its Website and/or mobile application named “Opinionest” (hereinafter cumulatively referred to as “Platform”). By clicking a button or checkbox on a website, you accept and agree to the terms, where this option is made available to you by Opinionest in the User interface for any Offering.

At Opinionest, we value legal activities, compliances and the word of the Law. We take our legal obligations seriously and hence, mandate that in order to use the Offering, you must first agree to the terms. You may not use the Offering if you do not accept the terms. Your use of our Offering in any manner is a deemed acceptance of each of the terms mentioned herein and other Policies or terms mentioned. If you require any assistance using our services please contact us at help@trackopinion.com

That these terms and conditions shall be read along with and in addition to any, all and each terms & conditions and policies which shall come into being from time to time and may or may not be published on our website. All applicable terms and conditions, policies and rules shall be read in conjunction with our Privacy policies, other applicable policies, as well as laws and a User shall use our Offering only and only upon absolute and complete acceptance of our terms, conditions and policies with no exceptions whatsoever. In the event that you do not agree with our policies, terms and conditions in any part, or absolution thereof, you must not use our Offering further and shall stop using them immediately.

In the event that you wish to stop using our Offering in the middle of your usage of the same, you must intimate us of the same immediately so We can stop your usage of the Offering and ensure that the terms are complied herewith.

For The Purpose Of These Terms, we are only defining certain terms that we refer to specifically, otherwise, other Terms and words shall have the same connotation as they do in common parlance, industry communications, etc.

Eligibility: The Website And Services Are Intended Solely For Persons Who Can Form Legally Binding Contracts Under Indian Law And Who Are 18 Years Of Age Or Older or by Duly incorporated or authorised entities and their authorised individuals/representatives. A User Represents And Warrants That He Has Full Power And Authority For Using The Services And Is In Strict Compliance Of All Laws.

Registration: In order to avail our Offering, You must be registered on Our Platform. In order to use our Offering, You must provide us with all such information as may be required and is sought by you in a due manner. The User shall ensure that all such information provided to us shall be authentic, reliable, updated and relevant.

The User shall also ensure that all details provided during or for registration shall be true and correct and shall not make any misrepresentations or state wrong facts, etc. for such registration. By registering with Us, You agree to provide true, accurate, current and complete information failing which We may at any time reject User’s Registration And Terminate their Right To Use Or Access The Website And/Or Offering. When User Registers With Us, A User Account Will Be Created, That Is Associated With User’s User Name, Password And Other Identifying Information. User Shall Be Responsible For Anything That Happens Through their User Account.

You agree to use the Platform and the Services only for purposes that are permitted by these Terms, any Additional Terms, and any applicable law, regulation or generally accepted practices in the relevant jurisdictions.

Use of the Platform: Subject to all of the provisions of these Terms, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the Platform and our Services solely as provided herein. You may download material displayed on the Website for non-commercial, personal use only, provided you do not remove any copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the Platform, including any text, images, audio, and video, for public or commercial purposes without the Company’s prior written permission.

Your passwords and account security: You agree and understand that You are responsible to Opinionest and to third parties for maintaining the confidentiality of passwords and other details, associated with any account you use to access the Offering. You are fully responsible for the security of data in your possession.

Relationship between User and Opinionest: That User is an independent 3rd Party entity and accepts and agrees that it is, in no way, associated with Opinionest and is merely a User of its Offering.

Sharing of information: Opinionest can and will share any information with the Government or law enforcement agencies (if officially requested or required by order, notification, statute or court order) with or without the consent of the concerned Party, as per requirements or order and with anyone else, with the consent of the concerned Party.

In order to comply with our Policies and with applicable laws as well, You agree not to access (or attempt to access) the Offering by any means other than through the interface that is provided by Opinionest, unless you have been specifically and expressly allowed to do so in a separate agreement with Opinionest.

You agree that you will not engage in any activity that interferes with or disrupts the Offering (or the servers and networks which are connected to the Offering), or the Platform in any manner whatsoever.

User Representations and Warranties

By using the Platform or our Services, you represent and warrant that you: (i) have the power and authority to enter into and be bound by these Terms; (ii) shall use the Platform and our Services only as permitted by these Terms, and any applicable Additional Terms, and not for any unlawful purpose; and (iii) are eighteen (18) years of age or older (or any older age legally required under local law to bind yourself legally to these Terms). If you are under the age of 18 (or any older age legally required under local law to bind yourself legally to these Terms), you are not allowed to use the Platform nor our Services. Some Offering on the Platform or our Services may be subject to additional age restrictions.

User Obligations: Each User Shall Be Responsible To:

• (I) Furnish Correct And Accurate Information Of The Payer/ Payee As May Be Required, On An Independent Basis;
• (II) Ensure That All Licenses And Registrations Required Are In Full Force And Effect To Enable Them To Carry On The Business Of Sale/ Purchase Of Products.
• (III) User Shall Not (I) Carry Out Any Activity, Which Is Banned, Illegal Or Immoral, (II) Use The Services In Any Manner Or In Furtherance Of Any Activity, Which Constitutes A Violation Of Any Law Or Regulation Or Which May Cause Opinionest To Be Subject To Investigation, Prosecution Or Legal Action.
• (IV) User shall never misrepresent itself as being associated with Opinionest in any manner beyond what the actual/true association comprises of and shall in no manner, ever violate the terms or conditions of the Policies, etc.

Rewards Programs: The Company may offer one or more rewards programs (“Rewards Programs“) under which you may have the opportunity to earn points, which are redeemable for rewards (“Rewards“). Not all of the Platform offer Rewards Programs, however, and Rewards Programs may include Additional Terms that apply to your participation in activities allowing you to earn points (collectively, “Activities“). The Company may limit, suspend or terminate your ability to participate in a Rewards Program in its sole and absolute discretion, and may void any points, Rewards, or potential Rewards you may have earned or accumulated in a Rewards Program, if we determine in our sole discretion that you have not complied with these Terms or any Additional Terms applicable to such participation. You agree to abide by the final and binding decisions of the Company regarding any Rewards Program and your participation in it.

We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points you may have accrued, at any time. We will generally use reasonable efforts to provide notice to you of any material change to or a suspension or cancellation of a Rewards Program.

Content in the Offering: You understand that all information (such as data files, written text, computer software, or images) which you may have access to as part of, or through your use of, the Offering are the sole responsibility of the person from which such content originated. All content created as part of the Offering is the Intellectual property of Opinionest and shall be their sole property.

Content on the Platform: You should be aware that the content presented to you as part of the Offering, including but not limited to advertisements and promotional material of Opinionest or other companies, is protected by intellectual property rights which are owned by Opinionest, or the sponsors or advertisers who provide that content to Opinionest (or by other persons or companies on their behalf).

Intellectual Property rights: You acknowledge and agree that Opinionest owns all legal right, title and interest in and to the Offering, including any intellectual property rights which subsist in the Offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist) and that you are merely a licensee of the Offering, and not the owner thereof. You further acknowledge that the Offering may contain information which is designated confidential by Opinionest and that you shall not disclose such information without Opinionest’s prior written consent.

Confidentiality: The User agrees that they shall not disclose or attempt to use or personally benefit from any information that is non-public that the User might have come across on the Website or through their Use of the Offering. This obligation shall continue till the time that this Non-Public information relating to Opinionest or its Offering becomes publicly known through no action of the User or any associated or connected Party.

In the event that the Merchant is compelled by an Order of a competent Court or a Government or Legal Body (or if they have received a notice that such an order is being sought) to divulge such information specifically, the User agrees to intimate Opinionest of such Order or notice immediately. The User shall also cooperate with Opinionest in protecting the information to the extent possible as if it were their own.

Opinionest may access, preserve and disclosure any of your information if required to do so by law, or ir we believe in good faith that it is reasonably necessary to (I) respond to claims asserted against Opinionest or to comply with legal process (II) For fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (III) Protect the rights, property or safety of Opinionest, its Users or members of the Public.

Privacy Policy: As a User you understand that your access to the website/Offering will result in collection, Use and storage of the information that you share with us, Subject To Opinionest's Privacy Policy. Through Your access to the Website/Offering, you consent to the collection, use and storage of such information, which will be held by Opinionest and may be processed and stored by Banks or Service Providers. For a better understanding and explanation of Opinionest’s practices and policies related to the collection, Use, and Storage Of Users’ information, please read our Privacy Policy.

International Users: The Platform is controlled, operated, and administered by the Company within India. The Company makes no representation that materials on the Platform are appropriate or available for use at other locations outside of India and access to them from territories where the contents or products available through the Platform are illegal is prohibited. You may not use the Platform or export the content or products in violation of Indian export laws and regulations. If you access the Platform from a location outside of India, you are responsible for compliance with all local laws.

Ending your relationship with Opinionest: The Terms will continue to apply until terminated by either you or Opinionest duly, as set out below. Opinionest may at any time, terminate its legal agreement with you if:

• you have breached any provision of the terms or this document or any other applicable conditions (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
• Opinionest is required to do so by law (for example, where the provision of the Offering to you is, or becomes, unlawful)
• Acted in a suspicious manner;

EXCLUSION OF WARRANTIES: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED AS IS AND AS AVAILABLE.

IN PARTICULAR, OPINIONEST DOES NOT REPRESENT OR WARRANT TO YOU THAT:

• YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS,
• YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND OPINIONEST WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE 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 OPINIONEST OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

OPINIONEST FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liabilities: SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPINIONEST SHALL NOT BE LIABLE TO YOU FOR:

• ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR OFFERING, OR OTHER INTANGIBLE LOSS;
• ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
• THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE OFFERING;
• YOUR FAILURE TO PROVIDE OPINIONEST WITH ACCURATE ACCOUNT INFORMATION;
• YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

Disclaimer. The Platform, including all content or services made available on or accessed through the Platform, is provided "as is." To the fullest extent permissible by law, Opinionest makes no representations or warranties of any kind whatsoever for the content on the Platform.

Governing Law: These Terms shall be governed by Indian law, except that if you live in a country of the European Union, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of India law, especially concerning Data Privacy.

You agree that any dispute between you and us regarding these Terms, the Platform and our Services will only be dealt with by the Indian courts. Alternative dispute resolution methods can be used if there is a dispute that cannot be resolved between you and us.

Changes to the Terms: Opinionest may make changes to the terms from time to time. The same will be communicated to you, on the website of Opinionest by e-mail for which you shall have to indicate your approval within 15 days. When these changes are made, Opinionest shall make the amended copy of the terms available in an accessible location.

You understand and agree that if you use the Offering after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, Opinionest will treat your use as acceptance of the amended terms.

Customer Grievance Redressal

If you have any questions or concerns regarding these Terms or your use of the Opinionest Site and Features or our Services, please contact us by using the “Contact Us”.

You may contact us with any enquiry, complaints or concerns with regards to policy, terms and content of this website or by communicating in writing to the Grievance Officer at the details mentioned below:

E-MAIL: help@opinionest.com