Research Terms & Conditions
This market research panel is managed by Ohlthaver & List Centre (Pty) Ltd (Company Registration Number 1960/1583)
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As a member of the Panel, you will have the opportunity to participate in market research activities including online and mobile surveys, product tests, focus groups, and more.  

These terms are subject to change, updates can be viewed on the O&L Brand X website.

1. Applicability; Agreement
These General Terms and Conditions/Terms of Use (these “Terms”) govern and apply to all of O&L Brand X’s Panels.

By registering for, accessing, using, and/or participating in, the Panel, you hereby expressly agree to comply with and be bound by these Terms.  

O&L Brand X reserves the right to refuse, restrict, prohibit or reject your access to, use of, and/or participation in the Research Tasks, at any time and for any reason.

2. Membership Eligibility and Participation
You may use the online Panel only when and as available. The Panel tasks are only available to individuals who are eighteen (18) years of age or older residing in The Republic of Namibia. Participation on the Panel is limited to only one (1) account per person. From time to time our clients may want to survey the opinion of minors, they may only participate with parental consent, via their parent’s account.

Your participation in survey, focus group, telephone or other research (“Research Tasks”) through the Panel is based on your desire to share opinions and provide feedback. Such participation in the Research is entirely voluntary without control or direction of O&L Brand X, and you shall exercise independent judgment and discretion while doing so.

3. Use of the Research Tasks
O&L Brand X provides Panel members and non-Panel members with the opportunity to participate in surveys. By agreeing to become a Panel member, you agree to receive invitations to participate in surveys. Additionally, O&L Brand X may provide Panel members with the opportunity to communicate with other Panel members and/or O&L Brand X. You may unsubscribe from Panel membership at any time; see "Opt-Out Policy" below. Individuals who have unsubscribed may at any time re-activate their accounts by signing up as panelists again, subject to the discretion of O&L Brand X.  

When signing up as a research participant you will be required to provide or disclose certain personally identifiable information (“PII”) to O&L Brand X, such information will be kept secure and hosted on password gated portals to maintain the protection of PII.

4. Panel Registration
In order to register as a Panel member, you must register for the Panel and provide all required information. Panel members and non-Panel members are required to truthfully provide all information. O&L Brand X reserves the right to restrict or prohibit your use of access to and/or participation in the Research Tasks if you provide, or O&L Brand X reasonably suspects that you have provided, information that is untrue, inaccurate, not current, or incomplete.

Each Panel member will create his/her own account and be identified online through the WhatsApp number they used to register for the Panel. Panel members are solely responsible for the security of their WhatsApp account numbers and will be solely liable and responsible for any use, whether authorized or unauthorized, of their WhatsApp accounts. We will not be liable for any unauthorized use of your account, which includes unauthorized use of your WhatsApp number and reward redemption.

Panel membership is specific to the individual who registers for membership with the Panel; panel membership is not transferrable.

You acknowledge that you are accessing, using and/or participating in the Research Tasks in the capacity of an independent contractor and that no agency, partnership, join venture, employee–employer or franchisor–franchisee relationship is intended or created by this agreement.

5. Restricted Content
In connection with your use of, access to and/or participation in the Research Tasks /Services, you may have the opportunity to review or access confidential and proprietary information, materials, products and content (“Restricted Content”) belonging to O&L Brand X and/or O&L Brand X clients, and/or partners. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile or otherwise use, alter, or transfer Restricted Content without the prior express written consent of O&L Brand X. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations and prohibitions contained in this Section, in addition to any other rights or remedies available to O&L Brand X, O&L Brand X reserves the right to terminate, prohibit or restrict your use of access to and/or participation in the Research Tasks.

6. User Content
You are solely liable and responsible for all content, materials, information and comments you use, upload, post or submit in connection with the Research Tasks. You are solely responsible for all third-party approvals, consents and/or authorizations required for User Content. If you submit User Content, the User Content may become publicly available and may be shared with third parties including, but not limited to, O&L Brand X’s clients, clients of O&L Brand X’s clients, and third-party service providers. User Content should only include audio, video, images or the likeness of the individual submitting the User Content and should not contain copyrighted or trademarked content or material of any third party. User Content should not include audio, video, images, or the likeness of anyone other than the user. You will not receive compensation for any User Content.

By using, uploading, posting or submitting User Content in connection with the Research Tasks, you hereby grant to O&L Brand X a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute and otherwise use, your User Content in any manner, without compensation or notice.

You are solely responsible for User Content. O&L Brand X reserves the right to delete, move or edit User Content that is, in O&L Brand X’s sole discretion, deemed to: (i) violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene or otherwise unacceptable.

7. Rewards Programs
You will have the opportunity to receive Incentives in connection with your completion of or participation in surveys. Where applicable, the incentive being offered for a survey will be displayed with each survey invitation or on the opening page to the survey. Determination of eligibility for incentives may be made at any time during the survey for reasons which may include, but are not necessarily limited to demographics, inconsistencies, overly hurried responses, or for other reasons. A panelist will be eligible to earn incentives provided that the panelist is in good standing with O&L Brand X and is not in breach or violation of these Terms.

Please note that incentives are not earned until redeemed by the panelist. Additionally, kindly note that not all surveys are attached to an incentive.

8. Profile Updates
Panel members agree to notify O&L Brand X promptly of any changes in or to the information contained in their member profiles. Panel members agree to review and update their membership profiles as necessary; this will be done through periodic survey profile updates.

9. Opt-Out Policy
Panel members may opt out from using the Research Tasks (including, without limitation, from receiving newsletters or communications), at any time, by: (i) following the unsubscribe procedures – selecting unsubscribe on the WhatsApp line. O&L Brand X shall use reasonable efforts to read and unsubscribe within a reasonable period of time after receipt. Upon termination, a Panel member’s contact information will be removed from any further communication or contact lists. Please allow a few days for the complete removal of contact information from O&L Brand X’s communication or contact lists for the applicable Panel; during which period the member may receive communications which were created or compiled prior to termination.

10. Links
In connection with your use of the Research Tasks, you may be able to link or connect voluntarily to websites maintained and/or operated by third parties (“Third Party Websites”). O&L Brand X does not endorse any Third-Party Websites nor any products, services and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website (“Third Party Information”). O&L Brand X does not make any representations or warranties regarding Third Party Websites and/or Third-Party Information. Please carefully review all policies and terms applicable to Third Party Websites and Third-Party Information.

11. Communications with O&L Brand X
All communications (excluding personal information) and User Content submitted or transmitted by you to O&L Brand X, by electronic mail, WhatsApp or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by you either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by O&L Brand X for any legal reason.

12. Disclaimer
THE RESEARCH TASKS, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND RESEARCH TASKS MADE AVAILABLE ON OR THROUGH THE RESEARCH TASKS, ARE PROVIDED “AS IS”. O&L Brand X DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE RESEARCH TASKS, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT. FURTHER, O&L BRAND X HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. O&L BRAND X DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY OR FUNCTIONS CONTAINED IN THE RESEARCH TASKS OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE RESEARCH TASKS AND MAKE THE RESEARCH TASKS AVAILABLE WILL BE CORRECTED OR THAT THE RESEARCH TASKS AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE RESEARCH TASKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. O&L BRAND X DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE RESEARCH TASKS.

13. Changes
O&L Brand X hereby reserves the right, in O&L Brand X’s sole discretion, to make changes to these Terms. O&L Brand X encourages you to review these Terms on an ongoing basis. O&L Brand X will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to, and/or participation in the Research Tasks does and will constitute your acceptance of these Terms as amended.

14. Indemnification
You agree to indemnify, defend and hold harmless O&L Brand X and its parent, affiliated and subsidiary companies and its and their respective members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, but not limited to, reasonable attorneys’ fees and court costs, resulting from either directly or indirectly, by: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Research Tasks.

15. Limitations of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL O&L Brand X BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER O&L BRAND X IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE RESEARCH TASKS AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

16. Compliance with Applicable Laws
You acknowledge and agree that you will comply with all applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your use of, participation, in, and/or access to the Research Tasks.

17. Suspension; Termination; De-Activation of Panel Membership Accounts
Either party may terminate your membership with a Panel at any time, with or without cause, for any reason or for no reason, and without liability for the termination.  In addition to any and all other available remedies, O&L Brand X may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Research Tasks if you are in breach or violation of these Terms. If O&L Brand X terminates your membership due to your breach or violation of these Terms: (i) you forfeit all rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes, effective immediately upon termination; (ii) your membership will immediately be cancelled; and (iii) your access to, participation in and use of the Research Tasks (including, but not limited to, participation in survey projects) will immediately cease.

In the event that a non-Panel member breaches or otherwise violates these Terms, such non-Panel member hereby agrees that: (a) all rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes (if any), shall be forfeit effective immediately upon termination; and (b) access to, use of, and participation in the Research Tasks will immediately cease.

In addition, O&L Brand X reserves the right to de-activate your Panel membership account: (a) if your membership account does not remain Active (as defined herein); (b) if O&L Brand X receives a hard bounce or delivery failure notice in regards to email or SMS or WhatsApp communications sent by O&L Brand X to your email account or cellphone or WhatsApp number; or (c) if O&L Brand X receives a “mailbox full” or “undelivered” reply notice three (3) times in regards to email, SMS or WhatsApp communications sent by O&L Brand X to your email account or WhatsApp number. For the purpose of these Terms, “Active” means that you: (i) participate in a survey at least once every six (6) months; or (ii) update your profile or member information at least once every six (6) months.

In the event of deactivation, termination by you or termination by O&L Brand X (other than for your breach or violation of these Terms), O&L Brand X shall maintain a record of the posted, unredeemed rewards, incentives and/or prizes and, subject to the applicable minimum redemption thresholds, shall allow you to redeem such rewards, incentives and/or prizes for a period of thirty (30) days following the effective date of termination or deactivation of your account. Termination or deactivation of your membership will not delete or remove any application(s).

18. Notices
A. Notice From You to O&L Brand X. Except as otherwise set forth herein or as required by Applicable Laws, all notices to be sent or provided to O&L Brand X should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by e-mail or SMS or WhatsApp (in which case notice shall be effective one (1) business day following the date the e-mail or SMS or WhatsApp was sent); or (b) by return receipt requested, SMS or WhatsApp receipt and notification, e-mail address and cellphone number.

B. Notice From O&L Brand X to You. Except as otherwise required by Applicable Laws, you agree that O&L Brand X may provide notices to you: (i) via the e-mail address or cellphone number provided by you to O&L Brand X (in which case notice shall be effective one (1) day following the date the e-mail or SMS or WhatsApp was sent, provided that O&L Brand X did not receive an error message stating that delivery of the e-mail or SMS or WhatsApp was delayed, that the e-mail address or cellphone number was invalid or that the e-mail or SMS or WhatsApp otherwise could not be delivered); (ii) by return receipt requested, SMS or WhatsApp receipt and notification, e-mail address and cellphone number provided by you to O&L Brand X; or (iii) by posting notices on the applicable digital platform(s). You agree to check the applicable digital platform(s) frequently for notices and to keep your personal information up to date.

03/11/2024: Version 1.1