Usability Testing Participant Database Terms and Conditions
These Terms and Conditions (referred to as the “Survey Terms”) set forth the terms of an Agreement by which You, (the “Participant”) and Avast Software, s.r.o., with offices at Enterprise Office Center, Pikrtova 1737/1A, 140 00 Prague 4 (“AVG”) and affiliated parties, may participate from to time in any subsequent AVG online product surveys, and as further defined in section 4 below (“Survey”). In the event You are not at least 18 years of age you may not be a Participant. AVG reserves the right to change these Survey Terms, modify or end the Survey program, at any time without notice.
Participant is responsible for all local sales tax, VAT, levies, bank charges and any other applicable taxes or charges that may apply to any remuneration (defined in section 6 below as “Reward”) that may be received by Participant for his/her participation in a Survey.
These Survey Terms govern the Participant’s option to participate in a Survey and AVG’s corresponding obligation to pay the agreed fee to the Participant for such Survey participation.
Survey refers to the gathering of feedback from the Participant relating to AVG and its competitors’ products and services. The Survey(s) may help to generate ideas concerning the enhancement of the end user experience which may ultimately benefit AVGs wider-customer base. Such Surveys shall be conducted either by means of the telephone or through an online interface.
Available Survey(s), including the relevant Reward amount, shall be announced via email to the Participant. It is the Participant’s decision whether or not to participate in any such Survey.
For each properly completed Survey AVG shall provide the Participant a single compensatory reward (“Reward”). The Reward is the sole and exclusive compensation available to the Participant and therefore the Participant is not entitled to any other remuneration or reimbursement, including for possible expenses, or otherwise in relation to the Survey.
By accepting the Survey Terms, the Participant grants unconditional consent to AVG to create image of its likeness, video and/or audio record concerning the Participant, or its expressions of personal nature (all the "Picture"). Such Picture will be used only for internal purposes of AVG. The Participant did not request any fees and remuneration for such Picture and expressly gives up of such fees and remuneration.
Any information provided to the Participant, whether directly or to which access is gained, during or as a result of the Survey shall be kept confidential by the Participant. The Participant shall not engage in the dissemination or publication of any such confidential information as this might subject AVG to damage to AVG or be detrimental to AVG’s goodwill. This duty of confidentiality is perpetually binding upon the Participant. The Participant shall not use the confidential facts and information to their advantage or to the advantage of third parties. If the Participant breaches the confidentiality provisions of this Section 10, the Participant shall pay AVG a contractual penalty of GBP 25,000. The payment of the contractual penalty does not affect AVG’s claim for additional damages.
In the event any documents, instructions, discs or other media, lists, guides, aids, plans, software and other materials, items and recorded information are provided to the Participant in relation to the Survey (“Materials”), the Participant shall return to AVG all such Materials upon Survey completion.
This Agreement is governed by the laws of the Czech Republic. All disputes arising from this Agreement will be resolved by the Czech courts having local jurisdiction and jurisdiction in rem.