www.qna.org.in website (the "Website") is owned, operated and provided by What's up Bharat Advisory Services Private Limited and its promoters, group companies, affiliates and subsidiaries (hereafter collectively referred to as "QNA", "we" or "us"). Use of the Website and any QNA extranet sites to which you may be directed (together the "QNA WebPages") and participation in all questions and surveys set up or administered by QNA, including any Channels, Groups, Content Contributor panels run by users or partners of QNA (the "QNA Panels") or participation in any other QNA research activities related to developing attitudinal metrics on any issue or topic ("QNA Activities") is governed by these terms and conditions of use (the "Terms").
1. Acknowledgement and Acceptance
1.2. QNA reserves the right at any time and from time to time, to modify or amend these Terms or any part thereof. Your continued use of the QNA WebPages or continued participation in the QNA Panels or the QNA Activities constitute an affirmative acknowledgement of any modification and your continued agreement to be bound by the modified Terms.
2. Terms of Participation
2.1. QNA Member Registration Process
2.1.1. To become a Member and to participate in a QNA Panel, you need to register with QNA and create a Membership Profile following the registration process set out below (the "QNA Registration Process").
2.1.2. Prospective Members must complete a QNA registration form to be able to answer questions and access analytics. Registration forms include:
18.104.22.168. The form available on the Website, but may also include permission-based registration forms hosted on third party websites;
22.214.171.124. Registration forms hosted by QNA and accessed via third party websites; or
126.96.36.199. Registration forms accessed via links in an email sent to you by a third party or by QNA where you have granted permission to receive such emails from these sources.
2.1.3. The registration form may include any number of questions or may be limited solely to the expression of assent to join the QNA Community.
2.1.4. During each QNA Registration Process prospective Members will be notified of any terms in addition to these Terms which shall apply to membership of the respective QNA Panel.
2.1.5. You have to be 16 years or older to join the panel.
2.2. Undertaking regarding information provided
2.2.1. In consideration of QNA granting you access to the WebPages and/or the ability to participate in any QNA Activity, you agree to:
188.8.131.52. Provide true, accurate, current and complete information about yourself as prompted by the QNA Registration Process;
184.108.40.206. Maintain and promptly update your personal membership details including the Membership Profile (defined below) so as to keep it true, accurate, current and complete; and
220.127.116.11. Provide true, accurate, current and complete information about yourself as prompted by QNA whilst participating in a QNA Panel or QNA Activity.
2.2.2. If you provide any information that is untrue, inaccurate, not current or incomplete, or QNA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, QNA has the right to suspend or terminate your current access to, use of, and/or participation in QNA Panels or QNA Activities. This is subject to your right to refuse to answer any Panels or QNA survey or information request.
2.3. Your Membership Profile and QNA Account
2.3.1. Upon completing the QNA Registration Process, Members will be provided with a profile ("Membership Profile") and an account ("QNA Account").
2.3.2. Only one Membership Profile and QNA Account is permitted per Member.
2.3.3. A unique email address must be used by each Member.
2.3.4. Each Membership Profile and QNA 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 QNA. You agree to notify QNA immediately you become aware of, or suspect any unauthorised use of your login information, Membership Profile and/or QNA Account, or any other breach of security.
2.3.5. In the event of access to your QNA Account by another individual, QNA reserves the right to freeze the account until a resolution has been reached.
2.3.6. Members may accrue Points for their QNA Account ("Points") in the prescribed manner detailed on the QNA WebPages, including for participating in QNA Panels and related QNA Activities for which Points are awarded.
2.3.7. Unless otherwise specifically notified, Points can only be earned through following all and any instructions regarding earning Points. A Member's failure to correctly follow any required instructions or procedures may result in no Points being earned, for which the Member will have no recourse against QNA. QNA reserves the right to change the range of QNA Activities through which Points may be accrued and the calculation of the points system for any QNA Panel.
2.3.8. QNA reserves the right to terminate any QNA Account that has been dormant for a period of 3 months or more. By 'dormant' we mean where the Member has not participated in the relevant QNA Panel or related QNA Activity within the preceding 6 month period. QNA will attempt to contact the Member, via their nominated email address, if their QNA Account is at risk of termination through inactivity. In the absence of a satisfactory response, the QNA Account will be terminated, and any accrued Points will be forfeited.
3.1 User Content
3.1. Use of the QNA WebPages and participation in QNA Activities or QNA Panels
may allow you to interact with, or submit content to, the QNA WebPages which may be
visible to other users of the QNA WebPages ("User Content").
3.2. You acknowledge that User Content provided by you is your sole responsibility. This means that you, and not QNA, are entirely responsible for all User Content you upload, post, link to, email or otherwise transmit via your use of the QNA WebPages or your participation in any of the QNA Activities or QNA Panels.
3.3. QNA 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.
3.4. You understand that by using the QNA WebPages, you may be exposed to User Content, and you agree that you must evaluate, and bear, all risks associated with the use of any User Content, including any reliance on its accuracy, completeness, or usefulness. Notwithstanding the foregoing QNA 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.
3.5. With respect to all User Content you elect to transmit to the QNA WebPages, you grant QNA 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.
3.6. In the course of using the QNA WebPages and / or participating in QNA Activities, you agree not to:
3.6.1. Upload, post, link to, email or otherwise transmit any information that is unlawful in any way in India, or in the country in which you reside;
3.6.2. Impersonate any person (whether living or dead) or entity;
3.6.3. Forge headers or otherwise manipulate identities in order to disguise the origin of any content transmitted through the QNA WebPages or provided through participation in QNA Activities or QNA Panels;
3.6.4. Upload, post, link to, or otherwise transmit any information that you do not have a right to transmit;
3.6.5. 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;
3.6.6. 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;
3.6.7. Collect or store personal data about other individuals; or
3.6.8. Attempt to submit more than one vote per Question or do any other act that may affect the validity of any result obtained through any QNA Activity or QNA Panel.
4.1. If you no longer wish to be a Member please contact QNA. QNA 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 QNA for a period of 30 days thereafter. In terminating membership, any accumulated Points will be forfeited.
4.2. You agree that QNA, in its sole discretion, may terminate or suspend your QNA Membership, or participation in any QNA Activities or QNA Panels, or remove or discard any User Content, for any reason, including, without limitation, for lack of use, or if QNA believed that you have violated or acted inconsistently with the letter or spirit of these Terms.
4.3. You agree that any termination of your access to QNA Activities under any provision of these Terms may be effected without notice, and acknowledge and agree that QNA may immediately deactivate your registration as a Member and/or bar access to QNA Activities and QNA Panels. Further, you agree that QNA shall not be liable to you or any third-party for any termination of your access to the QNA Activities or QNA Panels.
4.4. QNA reserves the right to terminate the QNA WebPages at any time. In such a case and unless specified otherwise, no QNA Account Points will be redeemable by any members. QNA will endeavour to communicate to all Members the termination period, however QNA will not be liable for failure to notify any Member regardless of the reasons.
5.1. You hereby agree to indemnify and keep indemnified QNA, 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 QNA WebPages (including the provision of User Content) or your participation in the QNA Activities or QNA 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 QNA Account.
6. Third Party Websites
6.1. Links included within the QNA WebPages may let you leave the QNA WebPages and enter into other website(s) ("Linked Site(s)"). The Linked Sites are not under the control of QNA and QNA is not responsibility 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. QNA is not responsible for webcasting or any other form of transmission received from any Linked Site. QNA is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by QNA of the site or any association with their operators.
7. Intellectual Property
7.1. All pages and content within the QNA 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, QNA 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 QNA WebPages are the exclusive property of QNA. 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 QNA.
8.1. All notices given by QNA to Members will be sent to their designated email address provided by them during the QNA Registration Process.
8.2. These Terms and our
constitute the entire agreement between you and QNA and supersedes any prior agreements, arrangements, statements and understandings between QNA and you.
8.3. A waiver by QNA of any breach by you of any of the provisions of these Terms or the acquiescence of QNA 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.
8.4. A person who is not a party to these Terms shall have no right under these Terms. For the avoidance of doubt, any legislation in any relevant jurisdiction giving rights to third parties is hereby excluded.
8.5. These Terms shall be governed by the laws of the Constitution of India and you agree to submit to the non-exclusive jurisdiction of the Indian courts.