Terms & Conditions
What Cornwall Thinks
Please read and accept the following terms and conditions joining the What Cornwall Thinks Panel.
What Cornwall Thinks (“WCT”) is a free to join, UK hosted Cornish resident panel based on open source and open standards portal technology.
WCT is devised and run by PFA Research Ltd (a company registered in England, no. 2638871), hereafter referred to as PFA Research.
Acceptance of Terms
- PFA Research shall not be liable to you or any other party should PFA Research exercise its right to modify or discontinue the WCT Panel and/or any related services.
- PFA Research shall not be liable for any losses, costs or expenses brought about by membership of WCT (including direct, consequential or incidental losses or damages).
- Any communications or notices to be given under these terms and conditions shall be by email.
- PFA Research reserves the right at any time and from time to time, to modify or amend these Terms or any part thereof. Whenever possible, PFA Research will notify panel members of any amendments to these Terms and Conditions in advance. Your continued use of the WCT websites or continued participation in the WCT Panel constitute an affirmative acknowledgement of any modification and your continued agreement to be bound by the modified Terms.
- By accessing WCT and responding to survey requests, you acknowledge that you have read and accepted the Terms and Conditions and that you are bound by them, whether or not you are a Registered User of WCT.
- If you are using WCT and its services on behalf of a public authority, a company or any other legal entity you are bound by these Terms, even if that organisation has its own separate agreement with us.
- These terms shall be governed by English law and the English courts shall have exclusive jurisdiction.
- Content - Any information or data added into the Service by Us, You or by Users not limited to information, data, text, software, photographs, graphics, messages, tags, ideas, concepts, tags, forum posts, datasets, techniques and/or any other material generated by Us or Users.
- Panel Member(s) - Any person registered on WCT.
- Service - WCT is a free to join, online Cornish Resident Panel giving You the opportunity to have your say through topical surveys.
- Service Description - The capabilities of the Service as specified by Us which are subject to change from time to time at our discretion.
- Service Level - The service levels in respect of Our provision of the Service as specified in the Terms which may vary from time to time.
- Terms - The terms and conditions set out herein.
- User/Users - Any person, registered or otherwise, accessing whole or any part of the Service.
- You/Yours - The individual, whether or not a representative of a company or organisation, at whose request We provide the Service under licence on these Terms.
- We/Us/Ours - https://www.whatcornwallthinks.com operated by PFA Research Ltd (see section 23 for company and contact information).
Access to the Service
- By registering to use the Service we grant you a limited, revocable, non-exclusive, non-assignable, panel membership to Our Service, through a generally available web browser, mobile device or authorised application (but not through scraping, spidering, crawling or other technology or software used to access data without our express written consent), subject to these Terms.
- You are responsible for making all arrangements necessary for you to have access to the Service. We cannot guarantee that the transmission of any information over your internet connection will be secure nor can we guarantee that the Service will be compatible with any or all hardware and software that you may use to visit the Service.
- Access to, and the use of, some parts of the Service (including Content) may be restricted.
- We may, at our sole discretion, refuse to register a user or to limit access to all or part of the Service to certain users, or terminate the membership of a Registered User without providing reasons for doing so.
- We reserve the right to withdraw, suspend or amend access to all or any part of the Service or cease its operation temporarily or permanently at any time without notice.
- Use of the Service commercially or for commercial gain is prohibited and in serious breach of these Terms unless you have gained express prior written authorisation to do so and/or have paid to Us in advance the agreed fees. This includes and is not limited to commercial activity and the advertising of products and services.
Availability of the Service
- We reserve the right from time to time, and at any time, to modify or discontinue the Service (or any part thereof) with or without prior notice and You agree that We shall not be liable to You or to any third party as a result of Our modification of the Service.
- We expect to provide updates to the Service, and to perform routine maintenance from time to time. These may involve a small period of time where the Service is unavailable.
- In the event of unscheduled or emergency maintenance for security or any other reason, the Service may be unavailable for a period of time with no advance warning.
- You register to use Service as an individual.
- In order to use the Service you must complete the registration form available via the Service. You can access the registration form from the homepage of the WCT Platform or you can Register Here.
- PFA Research has the right to refuse membership or remove members from the What Cornwall Thinks Panel at any time.
- If you provide any information that is untrue, inaccurate, or misleading, or PFA Research has reasonable grounds to suspect that such information is untrue, inaccurate, or misleading, PFA Research has the right to suspend or terminate your membership.
- Your rights as a registered users are as follows:
- You have the right to be informed.
- You have the right of access to any/all of your personal data we hold.
- You have the right to rectification of any/all of your personal data we hold.
- You have the right to erasure of your any/all of your personal data we hold.
- You have the right to restrict the processing of any/all of your personal data we hold.
- You have the right of having your data ported to another provider if you so wish.
- You have the right to object to us processing your personal data.
- You have the right to be informed about and object to automated decision making including profiling.
- If you need to contact What Cornwall Thinks in regards to any of your rights or would like to resign from the panel please do so via email, or call 013216 375705 or write to PFA Research Ltd, Tremough Innovation Centre, Penryn, TR10 9TA.
- To contact the Data Protection Officer (DPO) for PFA Research please click here.
- Your rights as a registered users are as follows:
Your Personal Information
- You are responsible for ensuring that your personal information is accurate and up-to-date.
- The profile that you create when you become a Registered User will become a part of the Service.
- You agree that you will:
- Keep your password secure and confidential;
- Not allow anyone else to use your account;
- Not use anyone else’s account;
- Not sell, trade or transfer your account to anyone else; and
- Not charge anyone for access to or the use of any part of the service or content on it.
- We comply with all relevant data protection legislation and regulations, including but not limited to the Data Protection Act 1998 and the General Data Protection Regulation (GDPR), which will be in force as of 25th May 2018.
- Required by law; or
- Necessary to assist in the prevention; or
- Detection of any criminal action (including fraud) or is in the overriding public interest and is permitted by law.
- If you know or suspect that your password has been disclosed to another person you must immediately Contact Us to let us know and change your password. We have the right to disable your user name and password at any time if in our opinion we believe your account has been compromised or if you have failed to comply with any of the provision of these Terms.
- We allow you access to the Service as a Registered User on the following terms, which you agree:
- You provide accurate, current and complete information about yourself on any registration forms on the Service.
- You maintain the security of your user name and password;
- You maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete;
- You take responsibility for all actions taken under your username and password;
- You do not create additional registered user accounts for the purpose of abusing the functionality of the Service;
- You do not seek to pass yourself off as another person or user; and
- You comply with these Terms.
- You must not do any of the following:
- Defame, abuse, harass, stalk, intimidate, threaten or otherwise violate the legal rights (such as rights of privacy or intellectual property rights where applicable) of others;
- Impersonate any other person or entity, whether actual or fictitious or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity or use or attempt to use another Registered User's account;
- Upload, post, transmit, share or otherwise make available any content that we deem to be obscene, indecent, unlawful, harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, vulgar, fraudulent, hateful, or racially, ethnically, sexually or otherwise objectionable;
- Upload, post, transmit, share or otherwise make available any material which contains a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
- Use the Service for commercial purposes unless We have given You prior written authorisation to do so, for which We may require You to pay a fee. In particular, You may not sell or advertise any goods or services, unless We have first granted You a licence to do so and have received payment of the appropriate licence fee from You;
- Upload, post, transmit, share or otherwise make available any unsolicited advertising, unauthorised advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or engage in any other form of solicitation;
- Upload, post, transmit, share or otherwise make available content unless you are sure there are no restrictions (such as copyright) on your ability to do so;
- Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, corrupted files, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Delete any required author attributions, legal notices or proprietary designations or labels in, or falsify the origin or source of, any material that is uploaded;
- Use automated scripts to collect information from or in any way seek to change the Service or otherwise interact with the Service;
- Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity; or
- Upload, post, transmit, share or otherwise make publicly available on the Service any private, personal or sensitive information of, or concerning, any other party, including, addresses, phone numbers, email addresses, and credit card numbers without first having obtained their written consent to this.
- You should be aware that, should you fail to access the Service for a set period of time, your account may be deemed inactive and may be deactivated and deleted.
- We will determine, in our sole discretion, whether a contribution to the Service or any other activity breaches these Terms.
- We allow you access to the Service as a Registered User on the following terms, which you agree:
Viruses, Hacking and Other Offences
- You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the servers on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack.
- Content may be out of date and we make no commitment to update or remove Content. We do not warrant the accuracy, completeness, integrity or quality of any Content on the Service.
- Content is for information only and cannot be regarded as constituting advice or recommendations (professional or otherwise) and should not be relied on without taking independent advice. You are solely responsible for any decisions you take based on Content. We disclaim all liability and responsibility arising from any reliance placed on Content by any User to the Service, or from any reliance placed on Content by anyone who may be informed of any of its contents.
- When you make Content available to us and other Users, you are representing and warranting that you are entitled to submit that information, that it is accurate, not confidential and that you making it available it does not violate any contractual or statutory restrictions or third party rights, including copyright. It is your responsibility to make sure that Content is accurate and (where appropriate) up-to-date.
- We may from time to time disclose Content provided by Registered Users to the police or other enforcement or regulatory bodies if:
- The disclosure may assist their investigations or
- The disclosure is required by law or any regulatory obligation, or
- We believe that such disclosure is necessary to assist in the prevention or detection of any criminal action (including fraud).
- We reserve the right to promptly, without notice to you, reject, remove, or edit any Content on the Service without any liability on our part.
- If you encounter any content or behaviour in connection with the use of the Service which you think is unacceptable you should flag it as inappropriate and Contact Us to report it. We will then review the content or behaviour and decide whether it complies with the Terms and we will deal with it in our discretion.
Ownership, Copyright and Intellectual Property
- The Service includes our copyrights and intellectual property rights and, except for the limited license granted to you in 3. Access to The Service, we reserve all of our intellectual property rights in and associated with the Service. This includes all WCT’S logos and other PFA Research trademarks, service marks, graphics and logos used in connection with the Service. Other trademarks and logos used in connection with the Service may be the trademarks of their respective owners. These Terms do not grant you any right or license in respect of any such trademarks and logos.
- All copyright, trademarks, design rights, database rights and other intellectual property rights in or relating to Our Content on the Service (but not Content supplied by Users) belongs to us.
- You may also print, copy or download Our Content provided always that:
- You acknowledge us as the source of Our Content;
- All titles credits and URLs are included; and
- You comply with any legal notice contained in Our Content.
- Permission to use Our Content is revocable by us at any time.
- You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Us in connection with the Service, except as permitted by law.
- We do not verify the identity of our Registered Users. We are not liable for false or misleading statements by Registered Users.
- We do not warrant that the Service is uninterrupted or error free or free of viruses, worms, Trojan Horses or technical defects of any description‚ and we accept no responsibility for any technical problems arising from your use of the Service.
- Unless we specifically state otherwise, we provide the Service to you without any conditions, warranties, or guarantees which are expressly excluded to the extent permitted by law.
Our Liability to You
- Nothing within these Terms operates so as to exclude, limit or restrict our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation or for any other matter for which it would be illegal for us to attempt to limit or exclude our liability.
- We will not be liable for:
- Any indirect, consequential or special losses or damages or any loss of profits, data or income arising in contract, tort (including negligence) or otherwise arising out of or in connection with your use of the Service;
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- Any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Service for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium or any virus infection or denial of service attack).
- In the event that you have or believe that you may have any right, claim or action against any other Registered User from that Registered User's use of the Service, you agree to pursue such right, claim or action independently of and without recourse to us, and you release us and you will procure that any third party releases us from all claims, loss, damage expense, costs, delays and other liability, known and unknown, arising from or in any way connected with such right, claim or action.
- For as long as we continue to provide the Service, we will seek to update, improve and expand the services which the Service provides to Registered Users. As a result, we allow you to access the Service as it may exist and be available on any given day and we have no other obligations, except as expressly stated in these Terms. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices prospectively for all or part of the services it provides to you or all Registered Users in our sole discretion. All of these changes shall be effective upon their posting on the Service or by direct communication to you.
- We also reserve the right to withhold, remove or discard any Content available as part of your account, with or without notice if we consider it (in our absolute discretion) to be contrary to these Terms. We have no obligation to store, maintain or provide you a copy of any Content that you or other Registered Users create or provide when using the Service.
- To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or any other sort of intangible losses, resulting from:
- Your access to or use of or inability to access or use the service;
- Any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or
- Unauthorised access, use or alteration of your information or content.
Your Liability to Us
- You agree to indemnify us and keep us indemnified against any and all claims, damages, losses, liabilities and reasonable costs (including lawyers' fees and costs) arising from or in connection with your use of and conduct on the Service, any Content which you submit to the Service and your breach of any of the Terms.
- If you think that you are entitled or obliged by any applicable law to act in breach of any of the terms or to breach this Agreement, you must give us a detailed and evidence-based explanation of your reasons for doing so at least 30 days before you do so, so that we can consider and decide whether we wish (at our sole discretion) to remedy the situation, although we will be under no obligation to do so.
- If you no longer wish to be a Registered User, please Contact Us.
- If we believe that you have not complied with the Terms we may, at our discretion and without incurring liability, cancel your membership and restrict access to the Service immediately and without giving you any prior notice.
- Even after termination (for whatever reason) these Terms shall remain in full force and effect.
- Any failure or delay by us to enforce strict performance by you of any of the Terms or to exercise any right under the Terms will not be regarded as a waiver of any rights.
- If any provision of the Terms is found by any Court, or other competent body to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, that part shall be deemed to be severable from the Terms and the remaining provisions of the Terms shall continue in full force and effect.
- The Terms are not intended, nor shall they operate, to create a partnership or joint venture of any kind between us and you, and you are not authorised to act as our agent.
Third Party Rights
- Nothing in the Terms shall create or confer any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you or us.
- We may provide you with notices regarding the Service or the Terms by regular mail, email, or postings to this website.
- These Terms constitute the entire agreement between you and us with respect to the use of the Service and supersede any previous agreements between you and us regarding such subject matter.
- We may assign, delegate or transfer our rights, liabilities and/or obligations under the Terms without your prior consent and upon such assignment, delegation or transfer we shall be relieved of any further obligations under the Terms. You shall not assign, delegate or transfer any of your rights, liabilities and/or obligations under the Terms without our prior written consent.
Governing Law and Jurisdiction
- The interpretation, construction, effect and enforceability of these Terms shall be governed by and construed in accordance with English Law. You and we agree to submit to the exclusive jurisdiction of the English Courts.
- The Service is operated by PFA Research Ltd. WCT is devised and run by PFA Research Ltd (a company registered in England, no. 2638871), and have a registered office at c/o Bennett Jones & Co, 22 Callywith Gate Industrial Estate, Launceston Road, Bodmin, PL31 2RQ and a postal address at Tremough Innovation Centre, Penryn, Cornwall, TR10 9TA. We can be contacted at the above postal address or via email at email@example.com.