Terms and Conditions
This agreement was last updated on May 15th, 2018
1 Your use of this website and the contract between us
1.1 In this Agreement the terms "you" and "the member" mean the individual completing the registration process to become a Panel Member ("Panel Member").
1.2 You agree to only use this website in accordance with this Agreement and all applicable laws.
1.3 Your voluntary registration on this website creates a binding contract between us.
1.4 Once you register on this website, you become a Panel Member.
1.5 This Agreement is a contract for the provision of services, and nothing in this Agreement creates or is deemed to create a legal partnership or the relationship of agent and principal or the relationship of employer and employee between you and Lemon Tree Opinions.
2 Obligations of Lemon Tree Opinions
2.1 Lemon Tree Opinions shall:
2.1.1 consider your eligibility to take part in each of its surveys;
2.1.2 enter you into any applicable contest if you answer a qualifying survey.
2.2 There is no obligation on Lemon Tree Opinions to select any Panel Member to answer survey questions. The Panel Members invited to take part in each survey depends on the requirements of the clients of Lemon Tree Opinions and the random selection of those requested to take part from those that are eligible.
2.3 Lemon Tree Opinions reserves the right to:
2.3.1 offer a substitute prize of equivalent value to the prize you have selected;
2.3.2 change the value of the prize in respect of answering survey and research questions.
3 Obligations of the panel member
3.1 The Panel Member warrants that they:
3.1.1 are 18 years old or over;
3.1.2 are a legal resident of Canada;
3.1.3 have not registered with Lemon Tree Opinions more than once;
3.1.4 will not attempt to answer a survey more than once, either by using more than one name or more than one email address to enter into a survey; and
3.1.5 will be honest in their approach to the surveys.
3.2 Lemon Tree Opinions has no obligation in respect of any tax due on the Reward given to a member and the member shall be responsible for declaring any income received from Lemon Tree Opinions under this Agreement, and paying any applicable tax thereon.
3.3 The Panel Member is obliged to redeem any eligible prize from Lemon Tree Opinions via the procedures set out on this website. Should the Panel Member fail to redeem their prize within seven days of notification the Panel Member will forfeit their prize.
4.1 Lemon Tree Opinions may terminate this Agreement and your registration on this website:
4.1.1 immediately on written notice if you are in breach of this Agreement;
4.1.2 at any time by giving you 30 days notice by email; or
4.1.3 if you fail to take part in surveys in any twelve month period.
4.2 You can terminate this Agreement at any time by requesting that your Account be deleted, and this can be done by email, telephone or in writing. The termination will take effect three business days after the receipt of your notice. Lemon Tree Opinions' contact details are available below.
5 Intellectual property rights
5.1 All copyright, trademark and other intellectual property rights in the materials on this website are owned by Lemon Tree Opinions unless otherwise indicated. You may download, print or copy any material from this website that you wish, provided it is for your own personal, non-commercial use and you keep in place all original copyright notices or other intellectual property notices.
5.2 Subject to Clause 5.1 above, you may not copy, modify, alter, distribute, publish, sell or otherwise use any material on this website in whole or in part, unless you have obtained the prior written consent of Lemon Tree Opinions.
6 Limitation on liability
6.1 Lemon Tree Opinions shall not be liable to you or to any other person or entity in any way, whether arising under contract, tort (including negligence) or otherwise, for damages of any kind arising from the use of this website, including, but not limited to, direct, indirect, incidental, punitive or consequential damages, lost revenue or profits, lost or damaged data or other commercial or economic loss, that result from your use of, or inability to use, this website.
6.2 If the limitation of liability provision in Clause 6.1 is deemed unenforceable, either in whole or in part, then such parts as are unenforceable shall be deleted, the remaining parts shall remain in full force and effect and the liability of Lemon Tree Opinions shall be limited to the greatest extent permitted by law.
6.3 This website contained herein are provided on an "as is" basis without any warranties of any kind. Lemon Tree Opinions disclaims all warranties, to the fullest extent permitted by law, including the implied warranties of merchant ability and fitness for a particular purpose, as well as any warranties of non-infringement of third party rights. The company makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
7.1 You agree to defend, indemnify, and hold harmless Lemon Tree Opinions, its officers, directors, employees, agents, and licensors from and against losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), alleging or resulting from (a) any content you (or anyone acting under any password or username that may be issued to you) submit, post, transmit or make available on the Web Site and/or (b) your (or anyone acting under any password or username that may be issued to you) use of this Web Site, connection thereto, or any alleged violation by you of these Terms and Conditions. Lemon Tree Opinions shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
8 Disclaimer of warranty
8.1 Separate terms and conditions may apply to certain products, services and materials available through this website. If this is the case, this will be brought to your attention. Subject to this, no express or implied warranties of any kind are made in respect of this website or the products, services and materials available through it.
8.2 Lemon Tree Opinions does not warrant that this website will operate uninterrupted or error/virus free or that the information on this website is accurate or complete.
9 Privacy and personal information
11 Links to this website
11.1 You may only link to this website with our prior written permission. Lemon Tree Opinions reserves the right to remove any links to its website that it deems are inappropriate without notice.
12 Entire agreement
12.1 This Agreement supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof (save that neither party seeks to exclude liability for any fraudulent pre-contractual misrepresentation upon which the other party can be shown to have relied).
13 Jurisdiction and law
13.1 This Agreement is governed by the laws in effect in the Province of Ontario, Canada.
13.2 The parties irrevocably agree that the courts in Ontario, and the Federal Courts therein, shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of Ontario courts, and the Federal Courts therein.
14 Contact details
14.1 If you have any questions about Lemon Tree Opinions, please contact us at the following email address: email@example.com