Terms & Conditions

TERMS & CONDITIONS FOR PARTICIPATION IN USER RESEARCH

Please read these Terms and Conditions carefully before participating in the user research project (“the Project”). By participating in the Project, you indicate that you accept these Terms and Conditions, and agree to be bound by them.

  1. Company’s Details: Quark Expeditions, Inc., a member of the Travelopia Group of companies. Registered office: Corporation Trust Canter, 1209 Orange Street, Wilmington, Delaware, 19801, USA.
  2. Eligibility: Participation in the Project is open to anyone resident in the United Kingdom, USA and Canada, who is eighteen (18) years of age or older. We reserve the right to ask for proof of age, residence or eligibility. By participating in the Project, you agree to be bound by these Terms and Conditions and shall be responsible for your compliance with these Terms and Conditions.
  3. Participation: By participating in this Project you agree to be contacted by the Company and asked to participate in a recorded Microsoft Teams, or Zoom, interview (or other video platform) (“Research Interview”) which shall be either 30 minutes or 60 minutes in duration. During the Research Interview, you shall be asked a series of questions regarding the Company’s website and your experience of using it. You may be asked to review and test some new concepts and designs to understand if they meet your needs of utilising the Website ].
  4. By signing up to be involved in the Project, the Company shall not be obliged to offer you with a Research Interview and may, in its sole discretion, limit the number of Research Interviews, subject to the number of participants who sign up and the business needs of the Company.
  5. Following the completion of your Research Interview, the Company may ask you to participate in further interviews in the future as part of the Project. Your continued involvement in the Project will be subject to these Terms and Conditions. You have the right to refuse, and shall not be obligated, to participate further in the Project after the conclusion of your Research Interview.
  6. Compensation: By participating in your Research Interview, you shall be provided with one (1) retail voucher to be spent with Amazon for a total sum of up to fifty (50) USD $, CAD $, GBP £, subject to your country of residence (the “Voucher”). The value of the Voucher shall be thirty (30) USD $, CAD $, GBP £ for Research Interviews up to 30 minutes in duration and, fifty (50) USD $, CAD $, GBP £, for Research Interviews which are 60 minutes in duration, or longer. Irrespective of the length of the Research Interview, the maximum value of the Voucher shall not exceed fifty (50) USD $, CAD $, GBP £.
  7. The Voucher shall be awarded to you as soon as reasonably possible following the completion of your Research Interview and, in any event, within 10 working days. Further information shall be provided to you in respect of the time period for the award of the Voucher by the interviewer in your Research Interview.
  8. The Voucher is not transferable and no alternative will be offered. The Voucher cannot be awarded to any person who, for any reason, would not be allowed by law to purchase or use the Voucher. Only one Voucher per participant will be awarded for a Research Interview. No compensation will be payable by the Company in the event that the participant is unable to use the Voucher in accordance with its terms of usage. The participant shall not be entitled to sell, transfer or auction the Voucher on to a third party. No other compensation, remuneration or benefit shall be awarded to the participant for engaging in the Project.
  9. The Voucher must be used within the time period specified on the Voucher or otherwise contained in the retailer’s terms and conditions. For the avoidance of doubt you are solely responsible for all, and any, additional costs and expenses associated with the Voucher. The Voucher, and the participant’s use and enjoyment of the Voucher, shall be governed in accordance with the separate terms and conditions of the retailer. The Company accepts no liability or performance whatsoever in respect of the participant’s use and enjoyment of the Voucher.
  10. Any Research Materials (as defined below) shall not include any material which shall be considered (without limitation) racist, anti-Semitic, homophobic, misogynistic, pornographic, violent, extreme, bullying, aggressive or religiously intolerant or insensitive, promoting criminal activity or contain personal data or information as defined by applicable data protection legislation. You also agree that all, and any, Research Materials constitute your own opinion, views or perspective and that you have not been incentivised to provide any specific information which comprises the Research Materials by any third parties (including the Company). The Voucher is remuneration for your time in participating in the Project only and is not intended to be, nor should be construed as being, any influential or persuasive payment received from the Company.
  11. Your Obligations: By participating in the Project, you agree to act in good faith and in accordance with the reasonable instructions of the Company at all times in respect of the Project. You shall participate in such interviews, video recordings or other correspondence as may be required from you by the Company. The Company shall do its best to accommodate your availability to participate in the Project but reserves the right to exclude your participation in the Project, should your availability and commitment not be suitable for the progression of the Project and should, in the sole discretion of the Company, this prejudice the overall success of the Project. You also agree to act in accordance with all applicable laws and regulations in respect of your participation in the Research Interview and/or the Project.
  12. Use of Data: All details provided by you will be held by the Company and used in accordance with these Terms and Conditions and the Company’s Privacy Policy available at https://www.quarkexpeditions.com/gb/privacy-policy#rest-of-the-world. To exercise any of your data privacy rights at any time in relation to the use of personal data in accordance with these Terms and Conditions contact userresearch@travelopia.com.
  13. Right to Withdraw: You have the right to withdraw from this Project at any time. In order to do so you must notify the Company in writing. If you notify the Company of your withdrawal from the Project prior to the conclusion of your Research Interview, you will not be entitled to receive the Voucher and all rights in the Voucher shall cease. Upon receipt of your notice of withdrawal, the Company shall delete all personal data within 30 days but the Company shall be permitted to continue to use the rights conferred by paragraph 10 below.
  14. Intellectual Property Rights: In consideration of the Company providing you with the Voucher, you transfer to the Company all copyright, rights related to copyright and all similar rights of whatever nature, wherever in the world arising, irrespective of whether registered or not (“Intellectual Property Rights”) subsisting in all and any materials which you provide to the Company throughout the duration of your participation in the Project (“Research Materials”). As such, you grant to the Company all necessary consents under applicable laws to enable the Company to use the Research Materials as contemplated in these Terms and Conditions.
  15. Limit of Liability: The Company has arranged this Project in good faith but, to the fullest extent permitted by law, accepts no responsibility for and will not be liable for any claims, costs, losses, damages, expenses or liabilities, of any kind (including without limitation direct, indirect, consequential, incidental or punitive damages) arising out of or in connection with your participation in the Project. Your legal rights as a consumer are not affected. Nothing in these Terms and Conditions limits or excludes the liability of the Company for death or personal injury resulting from the Company’s negligence or for any damage or liability incurred by the entrant as a result of fraud or fraudulent misrepresentation by the Company or otherwise as prohibited by law. Without prejudice to the foregoing, the extent of the Company’s liability to you under these Terms and Conditions and your involvement in the Project shall not in any circumstances exceed the total value of the Voucher.
  16. General: The Company reserves the right to amend these Terms and Conditions. All participants agree to abide by these Terms and Conditions and the Company reserves the right to exclude participants from the Project for any breach of these Terms and Conditions. The Company’s decision is final, and no correspondence will be entered in to.
  17. The Company reserves the right to modify, suspend, cancel or terminate the Project for any reason, or change or withdraw the Voucher at any time without giving advance notice and will do so if an event occurs that renders the Project, any Research Interview or the awarding of the Voucher impossible due to reasons beyond the control of the Company (including without limitation reasons which are unforeseeable by the Company at the time of running the Project) or if it cannot be guaranteed that the Project can be carried out correctly for technical, legal or other reasons and the participant agrees that no liability shall attach to the Company as a result thereof.
  18. The Project is in no way sponsored, endorsed or administered by, or associated with, any of the retailers stated on any Voucher(s) or where they may be used.
  19. Nothing in these Terms and Conditions or your participation in the Project shall create or deem to create a partnership or joint venture relationship between you and the Company.
  20. These Terms and Conditions set out the entire agreement between the Company and the participant in respect of the Project.
  21. All notices which are required to be given under these Terms and Conditions must be in writing and sent by email to userresearch@travelopia.com.
  22. Governing Law & Jurisdiction.

a. For participants who are resident in the USA, your participation in the Project and any disputes, actions and legal proceedings whatsoever arising in respect of the Project or these Terms and Conditions shall be governed exclusively, in all respects, and without regard to conflict of law principles, by the laws of the State of Delaware, USA. In connection with any action or legal proceeding arising out of the Project or these Terms and Conditions, you and the Company hereby specifically and knowingly waive any rights that either might have to demand a jury trial and the participant expressly agrees to waive any law entitling the participant to engage, or otherwise participate, in a class action.

b. For participants who are resident in the United Kingdom, your participation in the Project and any disputes, actions and legal proceedings whatsoever arising in respect of the Project or these Terms and Conditions shall be governed exclusively, in all respects, and without regard to conflict of law principles, by the laws of England and Wales and the Courts of England and Wales shall have the exclusive jurisdiction to hear any disputes, actions or legal proceedings arising in respect of the Project or these Terms and Conditions.

c. For participants who are resident in Canada, your participation in the Project and any disputes, actions and legal proceedings whatsoever arising in respect of the Project or these Terms and Conditions shall be governed exclusively, in all respects, and without regard to conflict of law principles, by the federal laws of Canada applicable in Ontario, and you and the Company submit exclusively to the jurisdiction of the courts of the province of Ontario in respect of any dispute, action or legal proceedings arising in respect of the Project and these Terms and Conditions.