GENERAL TERMS AND CONDITIONS OF YARDSTICK ENGAGE MARKET RESEARCH PLATFORM
“Yardstick Engage” is a market research platform operated by Yardstick Research, a business unit owned by Yardstick Assessment Services Inc. (YAS). Yardstick Engage allows members to earn points by taking surveys (“Points Program”) on behalf of our clients (including associations, municipalities, organizations, and commercial firms).
For the purposes of these terms and conditions, “we”, “us” and “our” means YAS, its parent company Yardstick Software Inc. (“Yardstick”)., YAS properties: yardstickresearch.ca1.qualtrics.com, ysengage.com, yardstickresearch.com and/or Yardstick Engage as the case may be, and “you” and “your” mean a member or prospective member of Yardstick Engage.
In accepting to join or continue your membership with Yardstick Engage, you acknowledge that we assume no contractual or legal responsibility to you.
The accumulation of points does not entitle members to any vested rights and, in accumulating points, members may not rely upon the continued availability of any award, reward, or other benefit. Changes to any of these matters may affect points that a member has already accumulated, as well as any future accumulation of points.
In particular, you acknowledge and accept as a condition of continued membership that:
- Points on Yardstick Engage have no monetary value whatsoever and cannot under any circumstances form the basis of a monetary claim against us.
- Membership is limited to natural persons, and no corporation, trust, partnership or other entity may hold membership in the Program except as may be authorized in writing by YAS in its sole discretion.
- You will be assigned a user name and password to access portions of Yardstick Engage. You are solely responsible for protecting your Yardstick Engage user name and password. We are not liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing of your user name and password with others. You agree to notify us immediately after you become aware of any unauthorized use of your user name and password, and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.
- Points or rewards or any other benefits are personal to you and cannot be exchanged for cash.
- Points or rewards or other benefits cannot be assigned, traded, willed or otherwise transferred and any assignment or transfer in violation of these terms and conditions will be void and may, at our discretion, result in the loss of membership or the cancellation of the affected reward or benefit, as the case may be.
- We assume no liability to members whatsoever by reason of the termination of, or amendment to, the Points Program, in whole or in part, the addition or deletion of rewards, or any change made in accordance with section 7 below.
- We specifically reserve the right to unilaterally amend the provisions of these General Terms and Conditions regarding:
- the nature of the Yardstick Engage platform/program
- reward partner obligations and liability
- our rights and liabilities
- enrolment and membership conditions, restrictions and sanctions
- the accumulation, redemption, expiry or cancellation of points
- characteristics or attributes of points
- rights to or associated with points, errors or delays with respect to rewards or the crediting or debiting of points
- the termination of the Yardstick Engage platform or membership, or the subjects under these General Terms and Conditions that may be amended and the manner of doing so
- governing law and jurisdiction.
- We aim to provide members with 10 days’ notice of any changes to these General Terms and Conditions.
- You may cancel membership in Yardstick Engage upon 30 days notice to us, without cost or penalty. Your points balance will be cancelled and revert to zero effective 30 days from the date you gave notice of cancellation.
- We assume no liability with respect to rewards claimed, and in particular, shall have no responsibility for the delay or failure to deliver rewards or for their cancellation, damage or defects. You agree that Yardstick and any of its affiliates, subsidiaries or representatives are not responsible for, and you release us and them from any and all liability arising as a result of, any accident, loss, injury or damage caused by any rewards supplied or requested in connection with Yardstick Engage.
- Members shall be responsible for any taxes, levies or other charges imposed by or with the authority of any government or governmental authority in respect to any rewards or benefit.
- We will not be responsible for correspondence lost or delayed in the mail, by email or otherwise.
- Except as otherwise authorized by us, you must enroll individually, only once, using your full legal name. Membership is solely for the benefit of the individual, therefore it will be maintained in the name of an individual.
- You are responsible for keeping up to date on the Yardstick Engage program, the amount of points in your account and your accumulation and redemption activities by consulting ysengage.com. We shall not be liable for the member’s failure to do so.
- You are responsible for ensuring that all contact information given to Yardstick Engage is current. Yardstick, its partners, suppliers and affiliates, shall not be liable for misdirected or delayed communications such as mail or email, or any consequences thereof.
- All points in your account expire and reduce your balance to zero if you have not accumulated or redeemed points for a period of 12 consecutive months. Additionally, membership terminates upon your death and points balance will reduce to zero upon your death.
- Proper legal documentation may be required from all members requesting a name change.
- Except for members residing in the province of Quebec where Yardstick Engage shall be governed by the laws of Quebec and the jurisdiction of its courts, Yardstick Engage shall be governed by the laws of Ontario and the laws of Canada applicable therein, without giving effect to their courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as we may determine in any and all actions, disputes, or controversies relating hereto. For these members any disputes regarding Yardstick Engage or in any way arising out of your membership, including points accumulated or rewards claimed or received, shall be submitted to the courts of Ontario whose courts which shall have exclusive jurisdiction to hear such disputes.