Terms & Conditions

Last updated: 16 July 2020

WHO WE ARE AND WHO THESE TERMS AND CONDITIONS APPLY TO

Welcome to Shopper Thoughts!

Shopper Thoughts is operated by dunnhumby Limited (dunnhumby, we, us or our). dunnhumby is part of a larger group of companies so when we say “group” we mean dunnhumby Limited, its subsidiaries and their own subsidiary undertakings, including our joint venture companies.
These Terms & Conditions govern our relationship with members of Shopper Thoughts and other users of our sites. By "sites" we mean the Shopper Thoughts website and any Shopper Thoughts applications. Please take time to understand these Terms & Conditions as your continued use of our sites indicates your acceptance of these Terms & Conditions as they may be amended by us (see “changes to these terms and conditions”).

PRIVACY
SHARING YOUR CONTRIBUTIONS & OTHER CONTENT
THIRD PARTY WEBSITES
SOME RULES
YOUR COMMITMENT TO OTHER PEOPLES’ RIGHTS
STAYING SAFE & SECURE ONLINE
INTELLECTUAL PROPERTY
FREE SAMPLES
PRODUCTS NOT INTENDED FOR RESALE
OUR LIABILITY
YOUR RESPONSIBILITY DURING A CLAIM
CHANGES TO THESE TERMS & CONDITIONS
CHANGES TO SHOPPER THOUGHTS
INTERNATIONAL USE
ELIGIBILITY
HOW WE WILL CONTACT YOU
TERMINATION
SPECIAL PROVISIONS ON ACTIVITY BASED BENEFITS
SPECIAL PROVISIONS ON PRIZE DRAWS
SPECIAL PROVISIONS FOR THE APP
APPLICABLE LAW
QUERIES

PRIVACY

Personal data that you share with us is subject to our Privacy Notice and Cookie Notice, which forms part of these Terms & Conditions. Please review these notices.

You should be aware that any personal data you submit as a contribution to Shopper Thoughts in a forum viewed by others may become publicly available. We are not responsible for the personal data that you choose to include in such submitted content.

SHARING YOUR CONTRIBUTIONS & OTHER CONTENT

In addition to personal data, you may share other information in connection with Shopper Thoughts. As a member of Shopper Thoughts you may be invited to participate in questionnaires, telephone interviews, polls, focus groups, peer-to-peer chat communities and other research activities (“surveys”).

By submitting answers to surveys, or other ideas, suggestions or comments ("contributions") to Shopper Thoughts via our sites or other sites that you choose to link to your Shopper Thoughts account or that can be viewed by the public, you acknowledge and agree that: (a) your contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality (express or implied) with respect to your contributions; (c) we and our clients can use or disclose (or choose not to use or disclose) your contributions for any purpose, in any way, in any media worldwide; and (d) you are not entitled to any compensation or reimbursement of any kind from us or any of our clients under any circumstances.

By posting contributions to our sites or on third party sites that you choose to link to your Shopper Thoughts account or that can be viewed by the public, you represent that you own or have the right to use all of the content and information you post. Although you will continue to own your contributions, when you publish content or information to the sites, you agree not to use it for commercial purposes and you are allowing us and our clients to access and use that information. For content that is covered by intellectual property rights (like photos and videos) you grant us a non-exclusive, sub-licensable, royalty-free, worldwide licence to use this content in connection with Shopper Thoughts and our client’s own marketing communications. For example, our client could create an ad using content that you have placed on our sites.

You, and not us, are entirely responsible for all contributions that you upload, post, email, transmit or otherwise make available via Shopper Thoughts.

We do not have an obligation to review the contributions posted to our sites, but you understand that we may refuse to post or remove any of your contributions at our sole discretion.

THIRD PARTY WEBSITES

Our sites include links to other material or websites which are operated by third parties (such as Facebook, Twitter or our clients) and which we do not control. We are not responsible for the content on these websites or materials or any loss or damage that you suffer by accessing them. We suggest that you take some time to familiarise yourself with the terms and conditions and policies of any third party websites you access from our sites.

SOME RULES

There are some rules we ask you to follow when using the sites. You must not:

  • Use the sites for any illegal purpose.
  • Use the sites for any commercial or business purpose, or post unauthorised commercial communications on the sites or use (or license others to use) any content posted to the sites (including your own) for any commercial purpose.
  • Upload or transmit anything via the sites that is a nuisance, obscene, indecent, defamatory, abusive, or threatening or otherwise offensive in nature.
  • You will not knowingly interfere with anyone else’s use or enjoyment of the sites, their personal computer equipment or device.
  • Use the sites to do anything that could harm our reputation.
  • Use the sites to post or transmit spam.
  • Try to hack the sites or to get around any of the sites’ security or access control features.
  • Modify, adapt, translate, or create derivative works of the sites.
  • You will not post content which infringes or violates the rights (such as the intellectual property rights) of us or another person.
  • Decompile or reverse engineer the sites or try to derive source code from the sites by any other method (“Reverse Engineer” the sites), except as is permitted by the Copyrights Designs and Patents Act 1988 (as amended). If you require information to enable you to make the sites interoperable with other software (“Interoperability Information”) please contact us at team@shopperthoughts.com so that we may try to assist you.
  • If we provide you with Interoperability Information or if you obtain Interoperability Information, you may only use it for the purpose of making the sites interoperable with another software program. You must not use Interoperability Information for any other purpose.

YOUR COMMITMENT TO OTHER PEOPLES’ RIGHTS

We respect other people's rights, and expect you to do the same. We need your help to keep our site safe, which includes the following commitments by you:

(a) You will not knowingly interfere with anyone else’s use or enjoyment of the sites or their personal computer equipment

(b) You will not post content that is of a hoax, nuisance, abusive, indecent, obscene, defamatory, menacing, offensive or otherwise illegal nature.

(c) You will not post content which infringes or violates the rights (such as the intellectual property rights) of another person or otherwise violates the law.

(d) You will not post unauthorised commercial communications on the sites or use (or license others to use) any content posted to the sites (including your own) for any commercial purpose.

STAYING SAFE & SECURE ONLINE

Once you become a member of Shopper Thoughts you will have an account and login details. You are responsible for maintaining the confidentiality of your account details and staying safe online. It is therefore your responsibility to make sure that your passwords and PIN numbers are kept secret and strictly confidential. We cannot be responsible for any loss or damage that you suffer as a result of someone else accessing them until we are notified that such activity is being engaged in without your consent. You agree to immediately notify dunnhumby of any unauthorised use of your password or PIN number or any other breach of security you may know about. Furthermore you are responsible for all posts and all other activities conducted under your account.

We recommend that you protect your equipment when you use our sites. We take reasonable measures to keep our sites free from viruses and defects but we cannot guarantee that use will not result in damage to your hardware, software or any data associated with them.

You acknowledge that internet transmissions are never completely private or secure and that any message or information you send using the sites may be read or intercepted by others, even if there is a special notice that a transmission is encrypted.

INTELLECTUAL PROPERTY

Your use of our sites or being a member of Shopper Thoughts does not give you the right to access or download any information we post to our sites which shall remain our and our licensors’ intellectual property.

Where we state that content is available for download, you may download a single copy for your own personal non-commercial use. This is provided that you keep intact all of the copyright (©) and proprietary notices, do not make any modifications to the content, and do not use the content to associate yourself with us, our group or any products or brands involved in Shopper Thoughts.

These Terms & Conditions do not grant you any licence to use any intellectual property (including our name or logo) of dunnhumby or our group, or our parent company.

FREE SAMPLES

From time to time we may send you a free sample of a product to try before participating in a survey. If we do so, we make all attempts to ship products in an effective and timely manner, but we cannot guarantee the condition of the packaging of the products or a specific timeframe due to the nature of the shipping and fulfilment industry.

PRODUCTS NOT INTENDED FOR RESALE

Any product, service, coupon or voucher offered by us or any of our clients are not intended for resale. Any violation (as determined solely by us) of this provision by a member may result in removal from the applicable survey or termination of your membership.

OUR LIABILITY

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE LIABILITY OF DUNNHUMBY, OUR PARENT COMPANY, OUR GROUP AND OUR AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (“SHOPPER THOUGHTS ENTITIES”). NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

WE WILL NOT BE LIABLE TO YOU FOR:

(A) ANY LOSS OF INCOME, BUSINESS OR PROFITS, OR GOODWILL;

(B) ANY LOSS OR DAMAGE WHICH WAS NOT CAUSED BY OUR BREACH OF THESE TERMS OR BREACH OF OUR LEGAL DUTY OF CARE;

(C) ANY LOSS OR DAMAGE WHICH WAS NOT A REASONABLY FORESEEABLE RESULT OF EITHER OUR BREACH OF THESE TERMS & CONDITIONS OR BREACH OF OUR LEGAL DUTY OF CARE. LOSS OR DAMAGE IS "REASONABLY FORESEEABLE" IF PRIOR TO YOU ACCESSING THIS SITE SUCH LOSS WAS EITHER (I) CONTEMPLATED BY YOU AND BY US, OR (II) YOU NOTIFIED US THAT THE LOSS MAY OCCUR IF WE BREACHED THESE TERMS OF USE OR OUR LEGAL DUTY OF CARE; OR

(D) ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF YOU FAILING TO TAKE REASONABLE PRECAUTIONS AGAINST SUCH LOSS OR DAMAGE, SUCH AS THROUGH INSTALLATION OF ANTI-VIRUS SOFTWARE.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER ANY APPLICABLE LAW.

IF YOU REQUIRE MORE INFORMATION ON YOUR LEGAL RIGHTS, YOU SHOULD CONTACT YOUR LOCAL TRADING STANDARDS OR CONSUMER PROTECTION ORGANISATION.

YOUR RESPONSIBILITY DURING A CLAIM

You agree to co-operate and assist us in defending any claim brought against us by a third party that arises from your breach of these Terms & Conditions and you will allow us to handle any such claim.

CHANGES TO THESE TERMS & CONDITIONS

Sometimes we might need to change these Terms & Conditions. If we do, then we will let you know by posting a notice or pop-up notification on our sites. We recommend that you check the sites regularly for notifications.

If you don’t agree with the changes, then please do not visit or use the sites again (see “Termination” for how to terminate your participation as a member).

By continuing to use our site following changes to these Terms & Conditions you indicate your acceptance of the modified terms of use.

Your acceptance of these Terms & Conditions and your indication that you have read our Privacy Policy is key to your membership of Shopper Thoughts – without this, you may not be a member of Shopper Thoughts.

CHANGES TO SHOPPER THOUGHTS

Occasionally we may need to modify, add to or withdraw Shopper Thoughts surveys, content on our sites, or other aspects of Shopper Thoughts. We reserve the right to do this without any liability to you.

INTERNATIONAL USE

To participate in Shopper Thoughts you must be resident in the United Kingdom. We make no representation that Shopper Thoughts, any products or other materials available through our sites are appropriate or available for use in other countries. If you do choose to access our sites from other countries, you do so on your own initiative and are responsible for compliance with local laws.

ELIGIBILITY

You must be 18 years of age or older to be a member of Shopper Thoughts in the United Kingdom.

We have the right to determine which members are eligible to participate in Shopper Thoughts and any of the surveys we offer. We can also remove a member from Shopper Thoughts or a survey at any time for any reason.

Only one registration for Shopper Thoughts is allowed per household, unless you are members of different loyalty programmes associated with Shopper Thoughts, in which case each person holding a different loyalty card may register.

HOW WE WILL CONTACT YOU

If we need to send you a general notice or general information, we will display a notification on the sites. We recommend that you check the sites frequently for notifications.

We may also contact you by email using the most recent email address you have provided to us for the purposes of us sending you (i) Shopper Thoughts surveys, community discussions and activities if you have opted in; and (ii) service messages.

TERMINATION

You may terminate your participation as a member at any time, for any reason, by visiting the “my preferences” page. We may terminate you as a member for any reason, at any time.

Our agreement with you under these Terms & Conditions is in full force and effect while you visit the sites and/or are a member of Shopper Thoughts and continues to be so even after your participation ends or is terminated.

SPECIAL PROVISIONS ON ACTIVITY-BASED BENEFITS

dunnhumby will determine which, if any, benefits a member is eligible to receive in our sole discretion.

Members can earn Shopper Thoughts points for participating in certain activities. Members may be offered free entry into prize draws for participating in certain activities (see “special provisions on prize draws”).

Once you have collected 1000 Shopper Thoughts points (or such other amount as we decide) they will be converted into Amazon e-vouchers, general high street e-vouchers or Tesco Clubcard points, whichever you choose.

Please follow this link to find out about the rules and restrictions regarding the accumulation, expiration, and redemption of Tesco Clubcard points.

dunnhumby does not warrant or represent that members will earn any specific number of Shopper Thoughts points. dunnhumby reserves the right to cease offering Shopper Thoughts points at any time or to otherwise vary the terms on which Shopper Thoughts points are accumulated or Shopper Thoughts points are redeemed upon notice to you.

DUNNHUMBY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO:

- ANY MERCHANDISE OR SERVICES OBTAINED BY MEMBERS THROUGH THE REDEMPTION OF ANY VOUCHERS OR OF POINTS UNDER TESCO’S CLUBCARD PROGRAMME;

- ANY SPECIFIC PRODUCTS OR SERVICES BEING AVAILABLE FOR REDEMPTION UNDER TESCO'S CLUBCARD PROGRAMME; NOR

- THE TERMS ON WHICH TESCO CLUBCARD POINTS ARE REDEEMED.

ONLY THOSE GUARANTEES, WARRANTIES AND REPRESENTATIONS, IF ANY, OFFERED BY RETAILERS, MANUFACTURERS OF MERCHANDISE OR SUPPLIERS OF SERVICES MAY BE RELIED UPON BY MEMBERS.

SPECIAL PROVISIONS ON PRIZE DRAWS

Prize draws sponsored by us or our clients may be made available to members on our sites. Please see our Privacy Policy for information on how we use data collected from these activities.

Unless otherwise stated in the terms and conditions of entry of a specific prize draw which are made available to you before or at the time of entering that prize draw, the below terms will apply to prize draws made available on our sites:

Each time you respond to a survey offering a prize draw or another eligible activity, you will be entered into that month's prize draw. The closing date for each prize draw is midnight on the last day of the relevant calendar month. There is a first prize of 5000 Shopper Thoughts points and 5 runners up prizes of 1000 Shopper Thoughts points. No cash alternative to the prizes will be offered.

The winner/runners up will be drawn at random by an independent person. The winner/runners up will be notified by email within 14 days of the draw. We reserve the right to re-draw the prizes if the winners/runners up cannot be contacted within a reasonable period of time (as determined by us). The winner/runners up will be announced on the Shopper Thoughts website and in the regular Shopper Thoughts newsletter unless a winner/runner up has opted out of having his/her name published.

If prizes are awarded as Shopper Thoughts points, the member will receive an email about converting those points into a voucher in the month following the announcement of the winner/runners up.

SPECIAL PROVISIONS FOR THE APP

Permission from device owners

You must obtain permission from the owner of any device that is controlled but not owned by you to download and use a copy of the app on that device.

You and the owner of the device may be charged by your and the owner’s service provider for internet access on the device. Check with your and the device owner’s mobile or internet service provider for details of data and internet usage charges.

If you download or install the app onto a device, you accept responsibility in accordance with these Terms & Conditions for using the app on that device, whether or not you own that device.

Permission to use the app

The app belongs to us and our licensors. We grant you a non-exclusive, perpetual, licence to:

  • Download and install the app onto a device that you own or control,
  • Use the app for personal, non-commercial use in accordance with these Terms & Conditions.

If you obtained the app from the Apple App Store, you must use the app in accordance with the Usage Rules in Apple's App Store Terms of Service (https://www.apple.com/legal/internet-services/itunes/uk/terms.html).

If you obtained the app from Google Play, you must use the app in accordance with the Google Play Terms of Service (https://play.google.com/about/play-terms.html).

If you sell any device on which the app is installed you must remove the app from the device before you deliver the device to the buyer.

This is a licence, not a sale. That means that we and our licensors continue to own the app when it is installed on your device.

App Updates

From time to time we may make free updates available to you to improve the app's performance, to fix bugs, to address security issues, to enhance functionality, and/or to improve the user experience. We recommend that you install updates as soon as reasonably possible after we make them available to you.

We may automatically update the app on your device to address security threats.

Errors, bugs and interruptions

The app and all updates are supplied to you free of charge.

You acknowledge that the app is provided on an "AS IS" basis and may contain errors or inaccuracies. We do not give any warranty or guarantee that the app will operate without error.

We do not guarantee uninterrupted access to the app. You acknowledge that we may need to interrupt access to the app for scheduled or emergency maintenance purposes, to fix bugs or for security reasons. Access to the app may also be interrupted for reasons outside of our reasonable control.

App not developed for your requirements

You acknowledge that the app has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the app as described on the applicable app store front and in these Terms & Conditions meets your requirements.

Your responsibilities

It is your responsibility to:

  • check that your device and operating system is compatible with the app (see ‘Device and system requirements’ above if you not sure);
  • frequently back-up all devices where you have installed the app and all data and digital content; and
  • promptly install all updates we make available to you.

Events outside our reasonable contro: We will not be liable for any losses that you suffer because we fail to comply with these Terms & Conditions as a result of events outside our reasonable control.

If you cause your own loss: If you breach these Terms & Conditions, we will not be liable for any loss or damage that you suffer as a result of your breach of these Terms & Conditions or your failure to comply with your responsibilities.

We may end your right to use the app

In addition to the termination rights set out in the Termination section above, if you do not comply with these Terms & Conditions or applicable laws, or if we have reasonable grounds to suspect fraud or misuse of the app by you or by anybody using your device or account details, we may immediately terminate your right to use the app and exclude you from Shopper Thoughts membership.

We may also end your right to use the app if we are required to do so by the app store where you obtained the app.

This section applies if you obtained the app from the Apple App Store:

If you obtained the app from the Apple App Store, this section explains how responsibility for the app is allocated as between dunnhumby and Apple.

If you obtained the app from Google Play or another app store, this section does not apply to you.

  • These Terms & Conditions are between dunnhumby and you. These Terms & Conditions are not between you and Apple.
  • dunnhumby’s responsibilities and liabilities to you are explained in the other sections of these Terms & Conditions.
  • dunnhumby, not Apple, is solely responsible for the app and its content.
  • Apple has no obligation to provide any maintenance or support services for the app.
  • dunnhumby, not Apple, is responsible for product warranties, in any, in relation to the app.
  • Any other claim that you might have in relation to the app is dunnhumby's sole responsibility (and not Apple's) and will be determined in accordance with the law and these Terms & Conditions.
  • dunnhumby, not Apple, is responsible for addressing any claim by you or a third party relating to the App or your use or possession of the app. This includes: product liability claims; (ii) any claim that the app does not comply with any law; and (iii) consumer protection, privacy and similar claims.
  • If a third party claims that the app or your use or possession of the app infringes that third party’s intellectual property rights, dunnhumby, not Apple, will be solely responsible for investigating, settling, defending and/or discharging the claim.
  • Apple and Apple’s subsidiaries are third party beneficiaries of these Terms & Conditions. Apple and its subsidiaries may enforce these Terms & Conditions in accordance with the Contracts (Rights of Third Parties) Act 1999. Apart from this, no other person has rights under the Contract (Rights of Third Parties) Act 1999 to enforce these Terms. There is no requirement to obtain consent from Apple, any Apple subsidiary or any other person who is not a party to these Terms & Conditions in order to rescind, vary, suspend, enforce or terminate these Terms & Conditions, or to assign or transfer any rights or obligations, or to grant any waiver under these Terms & Conditions.

You warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.

APPLICABLE LAW

These Terms & Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.

QUERIES

If you have queries about these Terms & Conditions you can contact us by e-mailing us at team@shopperthoughts.com.