Terms & Conditions (FOR PARTICIPANTS)

Last updated on Aug 3, 2023

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. Please review this section carefully, as it affects your ability to have your rights determined by a court or in the form of a class action.

These Participant Terms and Conditions (the “Terms”) govern your access to and use of our website or other platforms, the applications, services, and other online products available from us, and online and offline services related thereto (collectively, the “Services”). To use our Services, you must agree to these Terms as well as our Privacy Policy, which describes our collection, use, and disclosure of your personal data in connection with our Services. For purposes of these Terms, “Poocho,” “we,” “us” or “our” means Poocho Research Technologies Pvt Ltd.

BY USING OR ACCESSING OUR SERVICES, YOU ARE ACCEPTING THESE TERMS AND REPRESENTING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE OR ACCESS OUR SERVICES. BY USING OR ACCESSING OUR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD, OR AT LEAST 16 YEARS OLD WITH THE CONSENT OF YOUR PARENT OR GUARDIAN.
1 Services Generally
1.1 Overview of the Services

The Services enable Researchers from Poocho or a third party client (“Researchers”) to post opportunities (“Studies”) to participate in Research Sessions and to source individuals (“Participants”) to apply to Studies. A “Research Session” is an interview, survey, testing, or other research session in which Participants provide feedback to or otherwise interact directly with Researchers outside of the Services.

There are two types of Participants who use our Services: “Poocho Participants” and “Researcher-Affiliated Participants.” You are a Poocho Participant if you created an account and registered through the Services directly to apply to Studies for one or more Researchers. You are a Researcher-Affiliated Participant if you were included in a data set uploaded by a Researcher or you completed an opt-in form from a Researcher. If you are a Researcher-Affiliated Participant, please also review the terms, conditions, and privacy policy of the Researcher with whom you are associated for additional terms that apply to you.

1.2 Proprietary Rights

Poocho retains full ownership and control over the following: (i) The Services and any improvements, enhancements, or modifications made to them.(ii) Any software, applications, inventions, or other technology developed in relation to the Services or support.(iii) All intellectual property rights associated with the items mentioned above.

This Agreement does not grant Participants any rights to the Services, except for the explicit right to use them as specified in these Terms. Unless specified otherwise, all Poocho content provided within the Services belongs to Poocho and/or its affiliates or licensors. Unauthorized copying and distribution of this content are prohibited by Indian copyright law, trademark law, international conventions, and other intellectual property laws.

1.3 License Grant

Under these Terms and any other applicable agreement between you and us, we grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to use our Services. This license is revocable and is solely for use in accordance with our enabled functionalities.

Your right to use our Services will automatically be revoked if you violate these Terms, if you disagree with the then-current version of these Terms, or if we terminate these Terms or your account. Any upgrades or improvements we make to our Services will also be governed by these Terms.

Please note that this license does not constitute a sale of any part of our Services, nor does it involve the sale of any copies of our Services. We, along with our partners and suppliers, retain all rights, title, and interest in our Services. Any rights not expressly granted in these Terms are reserved by us.

We reserve the sole discretion to make changes to our Services, either temporarily or permanently, such as alterations, suspensions, discontinuations, terminations, or subcontracting, for any reason, and without prior notice. Additionally, we may add or remove features, including converting free services into paid ones, and vice versa. At times, our Services may become temporarily unavailable due to maintenance, technical issues, or other reasons.

It's important to understand that we may monitor all usage of the Services for purposes such as security, operational efficiency, improvements, and performance assessments.
2. Use of the Services
2.1 Equipment

To utilize our Services, you are required to have a device with Internet access capable of connecting to and accessing our website and related platforms. Any charges or fees incurred from your telecommunications carrier or any other sources while using our Services are solely your responsibility. Additionally, it is your obligation to obtain and maintain all necessary equipment and ancillary services, such as modems, hardware, software, operating systems, networking, and web servers, to facilitate the connection, access, and usage of our Services.

2.2 Acknowledgment to Receive Communications

By using the Services or sending us emails, WhatsApp messages, or other digital communications, you are engaging in electronic communication with us. By doing so, you give your consent to receive communications from us electronically. We may communicate with you through email, SMS, direct calls or WhatsApp.

Please be aware that you might receive transactional emails and text messages from us, which pertain to the Services or your usage of them, such as study confirmations and reminders. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically meet any legal requirements that such communications be in writing. Furthermore, you acknowledge that any notices delivered by us electronically are considered to be given and received on the date we transmit such electronic communication, as specified in these Terms.

2.3 Feedback

Poocho may request and you have the option to provide suggestions, ideas, enhancement requests, feedback, recommendations, or other information related to the Services ("Feedback"). It's important to note that Poocho retains the unrestricted right to use, benefit from, disclose, publish, keep confidential, or exploit the Feedback without any obligation to compensate or credit you.

By submitting Feedback to us, you represent and warrant that: (a) You have the right to disclose the Feedback.(b) The Feedback does not violate the rights of any other individual or entity.(c) Your Feedback does not contain any confidential or proprietary information belonging to any other person or entity.

Furthermore, by providing us with any Feedback, you also:(i) Acknowledge that we are not bound by any obligation of confidentiality regarding the Feedback.(ii) Recognize that we may already have similar ideas or concepts under consideration or in development.(iii) Grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, create derivative works, publish, distribute, and sublicense the Feedback.(iv) Irrevocably waive, and cause to be waived, any claims and assertions of moral rights in the Feedback against Poocho and its users.

This section remains in effect even after the termination of your account, these Terms, or your participation in the Services.
3. Your Obligations
By applying to Studies and participating in Research Sessions, you understand and accept that you will need to provide certain information, including personal details such as contact information and demographics, to Poocho. Your use of our Services indicates your consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is an integral part of these Terms. When you apply to a Study, Poocho will share your personal information with the relevant Researcher, and any additional information you provide in connection with a Study will be shared with both Poocho and the respective Researcher.

During a Research Session, the conducting Researcher may collect additional information from you, including personal details. The collection, use, and disclosure of the information you provide to any Researcher in connection with a Research Session, as well as any related disputes, are subject to that Researcher's privacy policy and other applicable terms, and are not under Poocho's control unless Poocho is the Researcher.

You confirm and guarantee that:
(i) All information you provide to Poocho and/or any Researcher is accurate and complete.
(ii) You have the right to provide such information and have obtained any necessary consent where applicable.
(iii) The information you provide does not infringe upon the rights of any other individual or entity.
(iv) The information you provide does not contain confidential or proprietary information belonging to others.
(v) You have no agreements or obligations with third parties that would prevent your use of the Services as intended.

You acknowledge that submitting any personal information to Poocho and/or any Researcher is voluntary and entirely at your own risk. By doing so, you grant Poocho and the relevant Researcher (as applicable) a perpetual, royalty-free, worldwide right and license to copy, display, create derivative works, and otherwise use such information to provide the Services in accordance with these Terms.

Furthermore, you recognize that your participation in a Research Session may be subject to the Researcher's requirements, which could include agreeing that any information expressed or communicated by you during the Research Session may be freely used and disclosed by the Researcher without restrictions or compensation (except for any offered incentives). Additionally, you may be required to assign all intellectual property rights in and to such information to the Researcher. As a participant, you agree to maintain a professional demeanor throughout your involvement in a Research Session.

3.1 Prohibited Information

You are required not to provide the following categories of information to the Services, even if requested by a Researcher:
- Financial account information, such as bank account numbers or data subject to the Payment Card Industry Data Security Standard (PCIDSS).
- Government-issued identification numbers, such as Aadhar card number, driver's license numbers, or passport numbers.
- Online login credentials, including authentication/authorization credentials, passwords, or security question and answer information.
- Biometric identifiers, such as genetic data, fingerprints, or facial modeling data.

If you happen to submit any of the mentioned categories of information to the Services, it will be regarded as unauthorized use of the Services, and Poocho will bear no responsibility or liability in connection with such actions.

3.2 Confidentiality

You are obligated to maintain confidentiality and protect all information related to Studies and Research Sessions in which you participate or that become available to you through the Services. This information, referred to as "Confidential Information," includes data in hardcopy, electronic, or oral format. Unless explicitly permitted by these Terms or with written authorization from Poocho or the applicable Researcher, you must not use or disclose any Confidential Information. Such Confidential Information encompasses details like the identity of affiliated Researchers, specific terms of your involvement in Studies or Research Sessions, and any feedback or information exchanged during these activities.

However, there are exceptions. You may disclose Confidential Information if compelled by law or by a court order or other governmental body. In such cases, you must promptly and in writing notify Poocho and the relevant Researcher (to the extent legally permitted) and cooperate with them in any lawful action to contest or limit the extent of the required disclosure.

Furthermore, Research Sessions may also be governed by separate confidentiality agreements between you and the respective Researcher. In any conflict between the terms of such agreements and the provisions in Section 3.2, the terms of the confidentiality agreement will prevail.

You acknowledge that any breach or potential breach of this confidentiality obligation could cause significant harm to Poocho and/or the Researcher, the extent of which may be difficult to quantify. Therefore, in addition to other available remedies in law or equity, Poocho and/or the Researcher have the right to seek immediate injunctive relief against any breach or threatened breach of this Section 3.2, without the need for posting a bond or proving actual damages.
4. Payments and Taxes
4.1 Incentives

Researchers have the discretion to offer Incentives to Participants as a reward for completing Research Sessions. However, you understand and accept that Poocho is not independently obligated to provide any Incentives to you for your participation in a Research Session. If a Researcher chooses to provide an Incentive directly to you, Poocho may, at its discretion, offer reasonable assistance for up to 90 days after the end date of the relevant Research Session to help you redeem the Incentive.

Additionally, at the request of a Researcher, Poocho may facilitate the distribution of Incentives to Participants through the Services. If this occurs, you will be able to redeem the Incentive once the Researcher confirms your successful completion of the Research Session, and the redemption process will be conducted in the manner enabled by the Services (e.g., digital gift cards). However, it's important to note that the convenience of redeeming Incentives through the Services does not make Poocho liable for any failures to redeem, issues with delivery due to incorrect information provided by you, or any defects in the Incentive.

Furthermore, you acknowledge that you may lose some or all of the Incentives offered in connection with a Research Session if:(i) You violate these Terms, as determined by Poocho in its sole discretion, including the obligations outlined in Section 3 (Your Obligations).(ii) The Researcher determines, at their sole discretion, that you did not satisfactorily complete the Research Session.

4.2 Taxes

You bear full responsibility for comprehending and assessing any potential tax obligations associated with Incentives received for participating in Research Sessions. It is your duty to determine if you need to report income to relevant authorities in accordance with local, state, federal, or other applicable tax laws. Please note that Poocho is not liable in any manner for your failure to report taxable income or remit any taxes that may be due to any taxing authority. It is your sole responsibility to comply with tax regulations and fulfill any tax obligations that arise from the receipt of Incentives.
5. Disclaimers
‍5.1 Third Party Sites

Our Services may have links to third-party sites, tools, and integrations that operate independently of Poocho and are subject to their own terms and privacy policies. It is important for you to understand and accept that Poocho has no control over these third-party sites and assumes no liability for them, including their content, security, functionality, operation, or availability.

Please note that these links are provided "as is" and "as available" without any warranties, representations, or conditions of any kind. Additionally, the presence of a link to any third-party site does not signify that Poocho endorses or takes responsibility for the content or use of that particular site.

When you access and use third-party sites through our Services, you do so at your own discretion and should review the terms and privacy policies of those external websites. Poocho is not responsible for any interactions, transactions, or experiences you have on third-party sites.
6. Indemnification; Liability
6.1 Indemnification

You agree to indemnify and hold Poocho, its officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, and all costs and expenses of defense, including attorney fees and other professional advisor costs, arising from or related to:(i) Your access to or use of the Services.
(ii) The content you submit using the Services.
(iii) Your breach of these Terms or any referenced representation, warranty, or agreement.
(iv) Your violation of applicable laws or regulations.(v) Your negligence or willful misconduct.
(vi) Your violation of any third-party rights, including intellectual property rights, rights of publicity, confidentiality, property, or privacy.
(vii) Any disputes or issues resulting from your interaction with any third party in connection with the Services, including Researchers.

Poocho reserves the right, at our own expense, to assume exclusive control of the defense and settlement of any matter subject to indemnification by you (without affecting your indemnification obligations). You agree to cooperate with our defense in such cases. However, if you assume the defense or settlement, Poocho may later choose to take over control of the claim. You must not settle any claim that you are defending on behalf of Poocho without prior written consent from Poocho.

Please note that this provision does not require you to indemnify Poocho for any unconscionable commercial practices, gross negligence, fraud, deception, false promises, misrepresentations, concealment, suppression, or omission of any material fact by Poocho in connection with the Services.

The provisions in this section will continue to be in effect even after the termination of your account, these Terms, or your involvement in the Services.
7. Other Terms and Conditions
7.1 Suspension or Termination

You acknowledge that we have the sole and absolute discretion to suspend, limit, block, or terminate your account (in whole or in part) or these Terms and the associated rights at any time and for any reason, with or without prior notice or liability. In the event of account termination, your access to the Services will cease immediately.

Additionally, if you fail to comply with any provision of these Terms, your access to the Services and the rights granted to you under these Terms will automatically terminate, without any notice or action from us.

You agree that we are not liable to you or any third party for any termination of your access to our Services.

7.2 Changes to the Terms

Poocho retains the right, at its reasonable and sole discretion, to amend or substitute these Terms at any given time. It is your responsibility to review and acquaint yourself with any such modifications. The changes will take effect immediately unless otherwise specified. In the event that we consider a revision to the Terms to be significant, as determined solely by us, we will provide you with the required legal notification. Your continued use of or access to the Services after any modifications to the Terms will signify your acceptance of the updated Terms. If you do not agree with the changes, you must cease using and accessing the Services.

7.3 Minors

To use our Services, you must be at least 18 years old and able to enter into legally binding contracts under applicable law. Alternatively, if you are 16 years old or older, you can use our Services with the consent of your parent or guardian.

If you are a parent or guardian and find that your child has applied to use our Services, please contact us at support@poocho.co to inform us about the unauthorized account
8.1 Section Headings

Section headings are for convenience of reference only and in no way define, limit or affect the scope or substance of any section of these Terms.

8.2 Entire Agreement

These Terms constitute the entire and exclusive agreement between the parties, supersedes all prior written and oral agreements, communications, and understandings related to the subject matter of these Terms, except for any click-through or end-user license agreement provided by us.

‍8.3 Waiver, Severability, Assignment

The failure of Poocho to exercise or enforce any right or provision in these Terms does not waive that right or provision. If any provision of these Terms is deemed unenforceable by a court of competent jurisdiction, that provision will be modified and interpreted to the extent necessary to achieve the original intent to the fullest extent permitted by law. The remaining provisions of these Terms will continue to be valid and enforceable.

You are not allowed to assign or delegate any rights or obligations under these Terms, in whole or in part, and any such attempted assignment or delegation will be null and void. However, Poocho may freely assign or delegate all rights and obligations under these Terms, either in whole or in part.

8.4 Relationship of the Parties

These Terms do not establish a partnership, joint venture, or employment relationship between you and us, or between you and any other party, including Researchers. These Terms do not designate either party as the agent of the other for any purpose, nor do they grant either party the authority to commit or bind the other in any way.

8.5 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
9. Contact Us
If you have any questions, comments or requests related to these Terms, please email us at support@poocho.co or contact us at +919321586372.