General Terms and Conditions of Whitewater Capital Limited ("Ciao")
Ciao offers all users the ability to access the contents of the Ciao websites for free. Registered users (hereinafter referred to as "members") have the additional ability to publish their own articles (e.g. reviews of experiences with products; or articles containing opinions, discussion of or information about people and services) on the information platform at http://www.ciao.co.uk. Ciao rewards the writing and reading of reports of experiences according to the Bonus Programme in effect at the time this activity occurs.
Ciao offers registered members the opportunity to participate in online surveys or via SMS. These surveys are either directly commissioned by product manufacturers themselves or commissioned by market research agencies (both hereinafter referred to as "commissioners").
You can become a member if you are an UK-resident and have a bank account in the UK.
Only members over 14 years of age may participate in the surveys.
Each member agrees not to provide false or misleading personal information, and, in particular, agrees not to register under a false identity. Each member is responsible for using the online information management system to immediately report all changes to the information he or she provided at registration.
Members are responsible for the confidentiality of their user names and passwords and are accountable to Ciao and to third parties for all use of these details. Members will inform Ciao immediately in case of unauthorised use of their user names or passwords.
Members agree to the following:
Not to have more than one user account on Ciao, even if they have more than one e-mail address.
Not to use machines, algorithms or other automatic functions to generate contents or accesses to web pages.
Not to generate accesses to web pages in which a person or a group of people are requested to read material (chain letters, e-mails, etc.) that has the primary purpose of generating profit.
Not to erase any legends or lists of references in the published material.
Not to defame or in any other way harass other members.
Not to publish more than one review about the same product.
Furthermore, members agree to not publish any contents that
Are advertisements or aimed at personal gain.
Are exclusively lists of product information disguised as reviews.
Are irrelevant to the product being evaluated.
Are biased, deliberately false, offensive, derogatory, libellous, morally objectionable or pornographic, or that otherwise constitute a punishable offence.
Violate the rights of third parties, especially patent rights, copyright, trademark rights, ancillary copyright or brand name rights.
Contain viruses or other computer programs that impair the functioning of other computers.
Are surveys or chain letters.
Contain referral links or other profit-generating links or codes.
Include nonsensical or deliberately inappropriate text.
Serve the purpose of gathering, saving or using personal information of users, in particular for business purposes, without the users' express consent. This applies as well even when contents have not been published.
Serve the purpose of spreading political, religious or ideological beliefs.
Members are responsible for ascertaining that they posses all rights to contents made available for publication, and grant Ciao the unlimited right (unlimited with regards to time, territory and content) to use the contents made available. This also includes editing, copying, transmission, publishing and development rights, as well as the right to transfer the rights of use to third parties without entitlement to compensation. Members are allowed to publish content that they themselves enter onto the website.
If a member violates any of the obligations outlined in these this contract, Ciao reserves the right to:
Permanently expel members from Ciao.
Demand a penalty of 50 euros for every breach of this contract.
Ciao also reserves the right to prosecution or to make further claims for damages.
Accountability for contents
Each member is accountable for the contents made available by him or her.
Ciao cannot be held liable for the correctness, quality or completeness of content entered by members. The publication of entries written by members does not constitute an endorsement by Ciao of any opinion or advice expressed.
Ciao is only accountable to third parties for external contents that are made available for use on a Ciao web page if Ciao has demonstrable knowledge of these contents, if Ciao is technically able and can reasonably be expected to prevent the use of these contents, and if accountability exists according to the general law.
Members exempt Ciao from all third party claims resulting from contents submitted by members. Ciao reserves the right to legal defence against such. Members will support Ciao in defence against such claims, especially with any information needed for this defence. Members are obligated to compensate Ciao for any damages due to claims asserted by third parties. This compensation also includes prosecution costs.
Ciao reserves absolute right to modify or delete any contents published on the web site.
Participation in surveys
Members who have signed up to participate in surveys (hereinafter "participants") may be sent survey invitations by e-mail or SMS. The frequency of the invitations depends on, among others, the amount of information given by the members at the time of registration.
The participant is free to choose whether or not to participate in a survey to which he or she has been invited.
The participant has no legal right to be invited by Ciao to participate in surveys.
The participant accepts the obligation to fill out the surveys accurately and in particular to not give any false or inappropriate answers.
Cancellation of participation is possible at all times and can be carried out in the "My Ciao" area under "Market research settings". Furthermore, cancellation takes place automatically when Ciao membership is terminated.
Compensation for participation in surveys
The participant will receive compensation for a paid survey that has been filled out completely and truthfully and can be analysed. The type and amount of this compensation is normally specified in the invitation e-mail or SMS. The compensation may consist of an amount of money, participation in a raffle or of a similar reward.
Surveys may contain filter questions to determine whether a participant belongs to the target group for a given project. The survey will automatically end if, after these filter questions are answered, it is found out that the participant does not belong to the requested target group. Similarly, the survey may end if a quota is reached for a particular target. In these cases, a right to compensation only exists if the commissioner expressly guarantees a reward for answering the filter questions.
Compensation for survey participation is usually credited to the Ciao account of the participant within one month after participation.
When a minimum of 5 GBP has been credited to the participant's Ciao account, the participant may request a payment by bank transfer. Bank details can be entered and payment requested in the "View account balance" area of the Ciao Account by clicking on "Edit bank details" and "Payment request". All payment requests for each month are normally processed in the course of the following month.
The credit expires if a participant has not logged into the member's area for six months and has not participated in any surveys. It expires as well if Ciao membership is terminated before applying for the payment.
The participant agrees to hold in strict confidence and to not disclose to any other parties information, pictures of other content learned in connection with any survey, project, questionnaire or other market research activity related to Ciao.
Privacy, e-mail advertisements
Ciao does not send e-mail advertisement to members if they have expressed their objection to this in writing after registration or at a later point in time. This agreement is revocable. Ciao is not responsible for e-mails from third parties.
Some surveys require personal data to ascertain whether or not the participant belongs to the target group requested by the commissioner. Even so, no information will be given out that allows the commissioner to personally identify the participant. If the participant's name, address and/or telephone number are asked for in a survey, there is no obligation to provide these data. In all other cases, every piece of information that the participant provides in the context of the survey is analysed and given out in an anonymous form in which the participant is not identifiable.
The contents published on Ciao's website are legally protected. Duplications (including excerpts of content), especially for commercial advertisements or commercial use, require Ciao's prior written consent. A copy of contents is solely permitted to be made exclusively for personal, non-commercial use under the condition that the origin of the contents stays recognisable, for example through a statement of the copy's source. Any further duplication, distribution or publication of contents without Ciao's previous written authorisation is forbidden. Authorisation can be requested by writing to email@example.com.
Survey content (pictures, films and text) is protected by copyright and may not be reproduced, adapted or passed on to a third party.
As a matter of principle, Ciao is only liable for deliberate acts and gross negligence, as well as for the breach of significant contractual obligations (in this last case, however, only for typically foreseeable damages). The Product Liability Act remains inviolate.
Ciao assumes no responsibility for uninterrupted availability of information, and can freely decide upon timeframes necessary for technical work.
Hyperlinks, advertisement banners, product information and corporate information and the like do not constitute a recommendation from Ciao of third parties. Ciao assumes no liability for their contents, inclusive of prices and the availability of products.
Ciao reserves the right to cancel a user's access and erase his or her registration after a period of notice of three days. The right to cancel a membership without prior notice for an important reason remains inviolate. Members may cancel their membership on their account page with immediate effect.
Changes to the General Terms and Conditions
The General Terms and Conditions of Ciao that are applicable are those that are in effect at the time of use. Changes to the General Terms and Conditions will be posted on the Ciao website.
Legal jurisdiction and address for service
This agreement is governed by the law of the Federal Republic of Germany. The address for service is Ciao's registered office.