Terms of Service – Opinion Space

Opinion Space Terms and Conditions, 2022

About App: Opinion Space Surveys App is provided by Opinion Space Africa Ltd.
1. The Opinion Space is a brand of Opinion Space Africa LTD, the defining provider of online panel services, through the website www.opinion.africa and/or the Opinion Space Surveys App (hereinafter referred together and collectively as the “App”).

2. Our survey scripting services are provided through third parties from their proprietary applications and such third parties shall be collectively responsible for all the liabilities with respect to the functioning of the meter mentioned under these terms and conditions.

3. These Terms & Conditions applies to all members of Opinion Space Africa website and/or the Opinion Space Surveys app.

4. Any and all individuals dealing with Opinion Space Africa, is subject to the following Terms and Conditions herein after also referred as general user conditions.

5. By participating in Opinion Space Africa you undertake to abide and agree to be bound by the privacy policy of the company and these general user conditions set by Opinion Space Africa Ltd., which it shall be free to modify at any time without informing you of such changes. Consequently, it is recommended that you refer to the latest version of the Terms & Conditions regularly, which are available on the site at all times.

6. Without exception, when joining this Service by clicking on the tick box at registration, you agree to accept these general conditions beforehand, the purpose of which is to define the terms under which you benefit from the Service.

7. You are joining the Service and your active participation in our site is subject to adhering to these general conditions. By agreeing to continue with the survey, you subject yourself to the terms and conditions as set herein under.

8. IF YOU OBJECT TO ANY OF THE TERMS AND CONDITIONS OR ANY SUBSEQUENT MODIFICATIONS THERETO, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE PARTICIPATION IN OPINION SPACE AND TO TERMINATE YOUR MEMBERSHIP.

9. Opinion Space Africa Ltd reserves the right to modify or discontinue the Opinion Space Africa program with or without notice to you.

PLEASE NOTE: By downloading ‘Opinion Space Surveys’, and on your further agreement for sharing the data for research purpose a metering software gets downloaded and you accept the terms and conditions stated in a legally binding manner.

1. The Use of this Website and the Contract Between Opinion Space and Its Members.
1.1 In this Agreement the terms “you” and “the member” mean the individual completing the registration process to become a member of Opinion Space Africa program.
1.2 You agree to only use this website and the App along with the meter, in accordance with this Agreement and all applicable laws.
1.3 The offer by Opinion Space Africa Ltd. to take part in surveys and research sent by Opinion Space Africa and your acceptance of that offer by providing the information that we request, brings into existence a legally binding contract between us which shall be governed by the terms and conditions mentioned herein under and any supplemental policies which Opinion Space has in place.
1.4 Once you have submitted your answers to our joining questionnaire you become a member of Opinion Space Africa program.
1.5 This Agreement is a contract for the provision of services and nothing in this Agreement shall create or be deemed to create a legal partnership or the relationship of agent and principal or the relationship of employer and employee between you and the Company.

2 Purpose – Data & Information collection upon downloading metering software
2.1 Meter records and collects from your mobile phone, data, including but not limited to the foregoing information
Device IMEI number
Device Operating system
Device model
Apps installed in the device
Apps used in the device
Websites visited by the device
Number of calls / messages made or received on the device
Number of pictures or videos taken by the device
Technical information about the device (e.g. battery strength, signal strength, mobile phone service provider, Bluetooth and roaming status)
Data usage on the device
Browser type used on the device
Content / mime type
Internet Protocol Address of the device
User agent (name of app making the request)
Referring site (site you visited before coming to our site)
Date and time of visit
All http requests from the device which will include URL of pages visited

2.2 In this process, we may also collect some information about the content that was accessed including media viewed, images downloaded or viewed, display advertisements and the size of data consumed by each request etc.

2.3 All data and information collected will be used for research & analysis, and / or creating data bank or customer panels and / or various reports, which may be shared with our clients including but not limited to Telecom Services Providers, Mobile Phone Manufacturers, Value added services providers, advertisers, brands, marketers, app developers etc. The Information / data will not be shared with third party in a manner that would enable that receiving party to identify any specific individual / person.

2.4 We do not collect or view text or other content in personal files, email text or instant messages, image files either downloaded or captured via camera devices, contact or address book entries saved on the device, on calendar entries.

3. Rules of Opinion Space Africa Rewards
3.1 Eligibility: Membership in Opinion Space Africa panel is allowed to individuals only who are at least fifteen (15) years of age. Membership in certain panels may be further restricted based on your age. If you are less than eighteen (18) years of age and receive any cash award through Opinion Points or other incentive program, then such award will be made to your legal guardian. You are permitted to have only one account. Without compromising the generality of this section, the age of members shall vary from country to country as defined in specific national laws regarding the age of majority.

3.2 Rewards: Opinion Space Africa rewards (”Reward Points”) offers members the chance to earn a Reward by contributing designated points to members who participate in surveys. Opinion Space Africa reserves the right to change the Reward Amounts without providing any written notice. The details of the rewards and how to earn the points are set forth in these Terms & Conditions. The participation constitutes entrant’s full and unconditional agreement to and acceptance of these Official Terms and Conditions.

3.3 Region: This program is open only to legal residents of African countries. The reward program is open to individuals who are 15 years of age or older unless otherwise specified in the invitation. To earn points, you must either complete the registration process, designated survey or complete up to the point of termination, depending on the qualification requirements of the survey, or complete the designated profile questionnaire (personal interest survey) or screener survey or redeem the required points under Opinion Space Africa. You must receive the confirmation mail to be the eligible member for rewards.

3.4 Scope of Earnings: Survey or task participation and eligibility are determined solely by Opinion Space Africa. Opinion Space employees, family members of Opinion Space employees, and Opinion Space’s suppliers, clients, distributors and/or sales agents, affiliates or subsidiaries, promotion and advertising agencies are not eligible to earn. No purchase necessary to participate in the reward program. This program is void where prohibited.

4. How to enter and Earn Rewards:
4.1 After successfully joining Opinion Space Africa, the panelist (henceforth known as the “member”) shall be required to participate in surveys that they are invited to or made available through their App from time to time. There shall be no limit to the number of unique surveys or tasks a panellist may complete.

5. General Conditions:
5.1 By accepting the program, the member grants to Opinion Space Africa the right to use his/her name, likeness, hometown, biographical information, photograph, for any lawful purpose, without further permission or compensation, except where prohibited by law. By participating in this program, all members agree to release the company, its clients, and their respective parent companies, affiliates, subsidiaries, divisions, from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death, arising out of participating in this reward program, or the acceptance, possession, use or misuse of any rewards, or while preparing for, participating in and/or traveling to or from any membership related activity and claims based on rights of publicity, rights of privacy, defamation or prize delivery. All entries become the property of Opinion Space Africa. The Information collected will be used subject to Opinion Space Africa’s Privacy Policy.

5.2 By agreeing to the terms and conditions mentioned herein under, you accept and understand that Opinion Space and its ancillary units and affiliates shall in no way be responsible for any defaults in the products or rewards which may be awarded to you on account of participating in member surveys and tasks. Opinion Space Africa disclaims all rights, responsibilities, liabilities, obligations & representations which may arise due to the usability or functionality of the products including but not limited to any warranties either express or implied except as required by applicable law. Neither we nor our affiliate units shall be liable for any direct, indirect, Incidental, special or consequential damages arising out of the use or inability to use the rewards remitted to you.

ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE MEMBER.

6. Redemption:
6.1 To be eligible for the reward drawing, online registration and activation of account is necessary. Opinion Space will not verify receipt of entries.

6.2 The member shall have the option to choose any of the redemption partners from Opinion Space Africa to redeem the points as per the minimum milestones mentioned under this policy. Opinion Space Africa disclaims all warranties pertaining to the functioning of the websites and any other process involved in the redemption of such from its partners.

6.3 Every panelist can earn points on answering surveys. The points can be redeemed for mobile money, Airtime, gift vouchers or can be donated to charity as provided to members on the website or App. The redemption milestone starts at different points for members in different countries as outlined on the website (https://opinion.africa/africa_limit_guide).

6.4 You will receive your opted redemption within 1minute to 2 weeks from the date of redemption depending on the available remittance policies and available partners in your country.

ALL TRANSACTION FEES INCURRED WHILE REDEEMING REWARDS ARE THE SOLE RESPONSIBILITY OF THE MEMBER

7. Obligations of Opinion Space
7.1 The Opinion Space shall:
7.1.1 Consider your eligibility to take part in each of its surveys;
7.1.2 Inform you the amount that will be credited to your Opinion Space Account if you correctly and completely answer the questions comprising an Opinion Space survey (the Notified Amount);
7.1.3 Credit the relevant Notified Amount to your Account each time you correctly and completely answer all of the questions in a survey; for the purposes of this Agreement Opinion Space will not consider questions to be “correctly” answered if an answer is confusing or meaningless;
7.1.4 Transfer the amount in your Account into the form of reward points (These virtual points can be redeemed for mobile money, Airtime or gift vouchers from specific companies/websites) within 3-8 weeks of your successfully completing a survey.; for the avoidance of doubt you will not be able to draw down the amount in your Account until the amount in your Account has reached specified minimums for your country. These minimums vary from country to country and can be found here: https://opinion.africa/africa_limit_guide

7.2 There is no obligation on Opinion Space to select any panel member to answer survey questions. The members requested to take part in surveys depends on the requirements of the clients of Opinion Space and the random selection of those requested to take part from those that are eligible.

7.3 Opinion Space may sometimes contact you to ask you some short questions to see if you fit into a particular category. In such cases, Opinion Space shall not offer any payment for the answering of such questions.

7.4 Opinion Space reserves the right to:
7.4.1 offer a substitute reward of equivalent value to the payment method you have; and
7.4.2 change the value of the Nominated Amount in respect of answering survey and research questions.

7.5 Opinion Space does not credit your Account if you are in breach of Clauses 5.7 above.

7.6 Should the Opinion Space establish that you are in breach of Clauses 4.7 below after crediting your Account, Opinion Space reserves the right to deduct from your Account any Nominated Amounts credited in respect of all relevant surveys.

7.7 Opinion Space shall not be obliged to make any payment to a member:
7.7.1 Whose balance in their Account does not reach the minimum amount of Reward Points;
7.7.2 By agreeing to use this website you acknowledge and agree that the Company reserves the right to invalidate / quash your existing balance points accumulated over a period of time by your association with opinion space should you choose to remain inactive for a period of 12 months from the date of your last activity with the Company.
7.7.3 For the sake of clarity the term inactive shall mean to include but not limited to your failure in logging in to the opinion space. Also, your failure to participate in any survey in which you have been requested to participate. The Company may choose to disassociate itself with you at its sole discretion should you fail to comply with the norms mentioned under this clause without informing you. The invalidation of your balance point would mean that you shall no longer be able use such points for the purpose to which they were assigned to you. You also undertake to hold the Company harmless against any rights or liabilities arising out of such invalidation.
7.7.4 By agreeing to the terms and conditions mentioned herein under, you understand and agree that the points which you may have accumulated during the course of your engagement with opinion space are liable to be deducted on a monthly basis, which for the purpose of these terms and condition shall construe to mean that the validity of your points shall stand automatically expired on the completion of 12 months from the date of you acquiring such points irrespective of your account being active or not.
7.7.5 Whose balance in their Account is under the minimum level of Reward Points at a time that the ‘Opinion Space Africa’ service is suspended or terminated by Opinion Space Africa Ltd in accordance with Clause 4 below; or
7.7.6 Who terminates their membership of Opinion Space Africa prior to the balance of their Account reaching the minimum level of Reward Points.

8. Obligations of the member
8.1 The Member warrants:
8.1.1 that they are 15 years old or over;
8.1.2 that they are not Corporations or other business entities as they are not eligible to become Members.
8.1.3 that they are legal residents of Africa.
8.1.4 that they shall not register with Opinion Space Africa more than once;
8.1.5 that they 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;
8.1.6 they will be honest in their approach to the research, for example they will not provide confusing or meaningless answers, randomly select answer options without reading the questions etc.
8.2 Opinion Space Africa Ltd 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 Opinion Space Africa Ltd under this Agreement.

8.3 The member is obliged to claim payment from Opinion Space Africa via the procedures set out on the website.

9. Termination
9.1 Opinion Space Africa may terminate this Agreement and your membership of Opinion Space:
9.1.1 Immediately on written notice if you are in breach of this Agreement;
9.1.2 at any time by giving you 30 days’ notice by email; or
9.1.3 if you fail to take part in surveys in any twelve month period.

9.2 You can terminate this Agreement at any time by deleting your account from Opinion Space Africa website, or Opinion Space Surveys App or both. This can be done by email. The termination will take effect three business days after the receipt of your notice. Opinion Space contact details are available on the website.

9.3 We may terminate this Agreement and your right to use our app, or may modify the terms of this Agreement, at any time without notice or cause. Upon termination you must de-install and destroy all copies of the Software.

10. Intellectual Property Rights
10.1 All copyright and other intellectual property rights in the materials on this website are owned by Opinion Space Africa Ltd 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.

10.2 Subject to Clause 6.1 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 Opinion Space Africa Ltd.

10.3 For re-sale or any other purpose what so ever, you shall not copy, redistribute, sell, decompile, reverse engineer, or disassemble the App including any modified or customized versions.

11. Limitations on Liability
11.1 Opinion Space Africa Ltd 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 and the App, 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.

11.2 If this limitation of liability provision shall be 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 Opinion Space Africa Ltd shall be limited to the greatest extent permitted by law.

11.3 Nothing in this Agreement shall exclude or limit the liability of Opinion Space Africa Ltd for:
11.3.1 Death or personal injury arising from its negligence; or
11.3.2 Liability arising from fraud.

12. Disclaimer of Warranty
12.1 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.

12.2 Opinion Space Africa Ltd does not warrant that this website and the Application will operate uninterrupted or error/virus free or that the information on this website is accurate or complete.

12.3 By using this site you acknowledge and agree that Opinion Space and its subsidiary companies shall not in any way be liable for malfunctioning of the app or if any.

12.4 The website, App in combine or individually is inherently complex and may not be completely free of errors, you must take regular backup and maintain copies of your data.

13. Data Protection
13.1 Any personal information you submit to Opinion Space Africa will be dealt with in accordance with our Privacy Policy.

14. Changes to the Terms of Use Policy
14.1 From time to time we may add new features to the website and enhance the level of service that we offer to you. This may lead to changes in this Agreement. Any such changes will be notified to you by us updating this Agreement and your subsequent use of this website will be deemed to signify your acceptance to the changes.

15. Entire agreement
15.1 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).

16. Jurisdictions and Law
16.1 The parties irrevocably agree that the courts in Kenya 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 the Kenyan courts.

This Agreement was last updated on: 21st February 2022.