1.1These are the terms and conditions on which the user experience tester ("you") will conduct user experience testing run by The Stationery Office Limited ("us2") ("Terms").
1.2Please read these Terms carefully before you confirm acceptance of these Terms. These Terms tell you who we are, what is involved in user experience testing, and other important information regarding our relationship with you. If you think that there is a mistake in these Terms, please contact us to discuss.
1.3For information on how we collect and use personal information about you during and after the user experience testing, please read our separate Privacy Notice.
1.4By confirming your acceptance by ‘clicking’ where indicated, you agree that you are 16 years of age or older and agree to abide by and to be bound by these Terms, which includes our Privacy Notice. Where you are not yet 18, by confirming your acceptance by ‘clicking’ where indicated, you also agree that you have the consent of a parent or guardian to be bound by these Terms, including our Privacy Notice.
2.1We are The Stationery Office Limited, a company registered in England and Wales. Our company registration number is 03049649 and our registered office is at 1-5 Poland Street, Soho, London W1F 8PR. Our registered VAT number is GB662774703. Our opening hours are 8am to 6pm, Monday to Friday, excluding bank holidays.
2.2You can contact us by telephoning our customer service team at +44 333 202 5070 or by writing to us at email@example.com and TSO Ltd, PO Box 29, Norwich, NR3 1GN.
2.3If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
Our contract with you is formed when you indicate your acceptance of these Terms and it will continue until such time as the results from your user experience testing are no longer required by us, when it shall automatically terminate.
By accepting these Terms, you agree that you shall:
(a)as required, participate remotely, or attend at our premises to perform user experience testing, for the period of time and on the date that we require your attendance, as advised by us in advance;
(c)provide us with information and results that (to the best of your knowledge) is accurate in respect of your user experience testing;
(d)not communicate directly with our clients (including those in respect of which you are carrying out user experience testing); and
(e)act in accordance with our health and safety procedures from time to time in force at the premises where the user experience testing will be undertaken.
5.1You will receive your choice of either a £50 John Lewis Gift Voucher or a £50 Love2shop Gift Voucher from us in return for completing the user experience testing.
5.2Please note that the voucher referenced in Clause 5.1 shall be the only consideration payable by us in in return for you completing the user experience testing, and no cash or other alternatives will be offered in exchange for the voucher and the voucher is not transferable. Vouchers are subject to availability and we reserve the right to substitute any voucher with another of equivalent value without giving notice.5.3Nothing in these Terms will be construed as to make you an agent, employee or representative of us. You will not be entitled to any further benefits.
6.1In conducting user experience testing, you will be granted access to, may learn or obtain or develop Confidential Information. You agree that you shall not:
(a)use any Confidential Information save to the extent reasonably necessary for the performance of your obligations under these Terms; or
(b)disclose any Confidential Information to any persons unless such Confidential Information is published or comes into the public domain otherwise than by a breach of these Terms or is required to be disclosed by law.
6.2Upon termination of the Terms or upon our request you shall promptly deliver up to us all materials supplied by us incorporating any Confidential Information, including all copies thereof, and shall destroy or erase any Confidential Information contained in any materials prepared by or on behalf of us or recorded in any memory device.
7.1We may create a recording of you performing the user experience testing and/or a recording of your screen during the user experience testing using screen monitoring software. You agree that we may use such recordings for our business purposes and may share such recordings with our clients and/or suppliers and you grant to us the right to use your performance, and any and all parts or excerpts of it, in any and all media throughout the world.
7.2You hereby assign to us (including, to the extent necessary, by way of future assignment) all copyright and other Intellectual Property Rights in anything which will be created or generated by you as a result of your participation in the user experience testing under or in connection with these Terms. You hereby irrevocably and unconditionally waive in favour of us all moral rights conferred on you by virtue of the Copyright Designs and Patents Act 1988 (or any replacement legislation) for any design or copyright work in which copyright is vested in us.
8.1We may at any time terminate these Terms without cause and without liability, by giving one day’s written notice to you.
8.2If you want to withdraw from these Terms before conducting the user experience testing, you can do so.
8.3Termination of these Terms for whatever reason shall not affect the rights and obligations of the parties existing at the date of termination. Notwithstanding the expiration of termination of these Terms the provisions of Clauses 5, 6, 7 and 8 will continue in full force and effect.
9.1We shall not exclude our liability:
(a)for death or personal injury caused by our negligence or the negligence of our employees or agents;
(b)for anything which cannot be excluded or limited at law.
9.2Subject to Clause 9.1 above, we shall not be liable to you for any loss, damage to goods or property, whether in contract, tort (including negligence) or otherwise and all other losses arising under these Terms.
9.3In respect of any remaining liability, our liability shall be limited to the value of the voucher given to you in accordance with Clause 5.1.
10.1No person who is not a party to these Terms is intended to have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
10.2If at any time any of the Clauses in these Terms become illegal, invalid or enforceable in any respect for any reason that shall not affect the legality, validity or enforceability of any other Clauses in these Terms.
10.3Neither party shall be liable for any delay or failure to comply with its obligations if such delay or failure is due to any event beyond its reasonable control, provided that if the performance by you is substantially prevented for a continuous period of fifteen (15) days, we may on written notice terminate these Terms without liability, and no voucher shall be payable in accordance with Clause 5.
10.4These Terms will be construed in accordance with and governed by the law of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising from these Terms.
11.1In these Terms the following expressions have the following meanings:
"Confidential Information" means all information, in any form, whether or not that information is marked or designated as confidential or proprietary, received by you and concerning our business or affairs, or that of our clients or any Group Company, including without limitation:
(a)the provisions of or the subject matter of the Terms;
(b)your participation in the user experience testing;
(c)information concerning the user experience testing (including its subject matter), trade secrets, employees, clients, suppliers, or business associations of the other party; and
(d)information concerning our financial, operational, technical or commercial affairs, or that of our clients or any Group Company.
"Group Company" means any holding company for the time being of us or any subsidiary for the time being of us or any such holding company or any subsidiary for the time being of any such subsidiary of us or holding company of us (for which purpose "holding company" and "subsidiary" have the meanings ascribed to them by Section 1159 of the Companies Act 2006);
"Intellectual Property Rights" means patents, rights to inventions, current and future copyright and related rights, trade-marks, trade names and domain names, image rights, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in Confidential Information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protections which may now or in the future subsist in any part of the world;
11.2These Terms and the Privacy Notice shall together form the entire agreement between us and you and shall supersede any previous agreement between the parties relating to the subject matter of these Terms.
11.3Unless the context otherwise requires, references to:
(a)"writing" or "written" in these terms includes emails
(b)us includes our permitted successors and assigns;
(c)statutory provisions include those statutory provisions as amended or re-enacted;
(d)any gender include all genders;
(e)the singular include the plural and vice versa; and
(f)conditions, sub-clauses and clauses are to conditions, sub-clauses and clauses of these Terms.