Terms and Conditions

Last updated on 15th August 2018

 

Welcome to the OUP Educational Research Forum ("Site"). These Terms and Conditions (the "Terms") set forth the Agreement between Oxford University Press ("OUP", "we" or "us") and each panel member governing the use by you of this Site. Please read these Terms carefully before using this Site.  If you do not agree to these Terms, you may not access, apply for a panel membership account or otherwise use this Site. Provided you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter access and use this Site.

We reserve the right to change these terms at any time in our sole discretion. If we make any such changes we will revise the "Last Updated on" date above and any such changes will come into effect on that date.

It is your responsibility to check these Terms periodically for changes. Your continued use of this Site after these Terms have been changed will mean that you accept and agree to the changes. In addition, when using particular services or features on this Site, you may be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.

By agreeing to become a panel member you further agree to the OUP Partner Code of Conduct and to the Site's Panel Member Code of Conduct (see below).

 

Panel Members

If you become a member of our market research panel ("the Panel") the provisions below will apply to you.

 

Eligibility

Panel membership is free and is open to individuals only (not corporations or other business entities) who are teachers, senior leaders or professionals in education and meet our recruitment criteria. Participation in certain research projects may be further restricted based on age or geographic location. Panel members must be at least eighteen (18) years of age and actively working in education (e.g. not retired). You are permitted to have only one panel membership account. 

You hereby warrant and represent that you have approval from your employer (e.g. Head Teacher) to provide the services required of a panel member as described in these Terms. The following may not apply for panel membership: examination awarding body chief examiners, authors of OUP publications, employees of OUP, and spouses of employees of OUP.


During your period of panel membership, you must not provide any services to, or be employed by, any other publisher in the field of educational publishing without the prior consent of OUP. Should you wish to provide any such services or take up any such employment you will inform us in writing in advance. You acknowledge that this restriction is reasonable in order to protect the business interests of OUP.

 

Conflict of Interest

You must notify us immediately of any such activities or circumstances that give rise to or could give rise to a conflict of interests between your role as a panel member and any other obligation you may be subject to.  In the event of a conflict of interest arising during the course of a project, OUP reserves the right to terminate the project and your panel membership.

 

Your Panel Member Account

In order for an account to be established in your name and to participate as a panel member, you must complete the provided online registration. To open a panel member account, you must provide complete and valid contact information and all other requested information. Your account must have a unique and valid e-mail address and password.

You agree to provide only accurate, current and complete registration information and to keep that information updated in order to maintain its accuracy. We may terminate or suspend your panel membership if you fail to provide or keep your personal information accurate and complete.

You may use only one (1) password to open and access your account, and you may not use another account holder's password or allow anyone else to use your password, for any reason. You are solely responsible for the security of your user name and password and any activity that occurs under your panel member account, whether authorized or unauthorized. We will not be responsible for any losses incurred through the use of your password by a third party. You agree to immediately notify us of any unauthorized use or breach of your panel member account.

Should you forget your password, you may request that we send it to you via e-mail by completing the Forgot Password request process on the Site.

By becoming a panel member, you agree to receive e-mail invitations to participate in surveys, online forums and other market research projects conducted by or for OUP. We do not guarantee that you will receive a minimum number of invitations or any invitations at all. Your participation in any projects and your disclosure of any personally-identifiable information is completely voluntary.

We retain the right to monitor all panel member activity within the Site. If required by law, or if you have violated the Panel Member Code of Conduct below, or if your panel member account shows signs of fraud, abuse or suspicious activity, or as otherwise deemed necessary by us (for instance if you do not respond to a reasonable number of requests to participate in research projects) your panel member account may be terminated.

 

Relationship

You agree that neither your panel membership nor your participation in our market research creates any agency, partnership or employment relationship, and that your panel membership and participation is strictly as an independent contractor.

 

Information Collection and Usage

We may collect and process the information you provide as part of your application and registration as a panel member.

  • We may use this information and your email address to invite you to take part in appropriate surveys and other research projects, although you do not have to respond to them and participation is optional.
  • All email contact will be sent to your primary email address that you gave to us upon registration. Your contact information (name, address, city, state, and zip or postcode) is also used for the purposes of incentive fulfilment.
  • From time to time, as a panel member, you may also be sent newsletters to share top-level findings from research projects you have participated in.
  • If you contact us for any reason, we may keep a record of that correspondence.

You should be aware that any personal information you choose to make public on the Site, in the Community area (as an opinion or topic in a message board or live chat or any other public area or forum) can be read, collected, or used by other users and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit or make public in this way. In addition, we are not responsible for the content you publicly post on the Site that can be found via web-based search engines.

 

Access to Your Information

You have the right to request access to your data and correct it. In order to access this data you may contact us at support@educationalresearchforum.com.

You are provided with a Panel members Area on the Site; here you may correct or update your panel membership information or delete your panel membership. If you need to correct or update any of your profile information, you may automatically do so by clicking on Your Profile after logging in. By following the appropriate directions, your information should be automatically updated in the Site's database.

 

Termination of Membership

Panel membership is on an ongoing basis. You may cancel your account at any time by activating the "Unsubscribe" feature on this Site. You may do so by clicking on the Unsubscribe link at the bottom of the Site pages. Alternatively, members can submit a request via the Contact Us form or send an email to support@educationalresearchforum.com with the word "Unsubscribe" in the subject line.

Your account will be cancelled if you withdraw or unsubscribe from the Site. Upon your unsubscribing, cancellation or withdrawal from the Site, your panel member account will be closed. In most cases it will take 2 to 3 days to process this change, but it may take up to two full weeks for your status to be finalised. In the meantime, you may receive emails from us. You understand and agree that, as noted above, upon closing your account, your right to access your panel member account will cease. We reserve the right to terminate your panel member account at any time for any reason.

On termination or cancellation of your panel member account, your ability to redeem Points will immediately cease and any Points which have been accumulated will immediately be taken out of your account.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you wish to unsubscribe from all market research and marketing communications from OUP, please send an email to support@educationalresearchforum.com with the words "Global Unsubscribe" in the subject line. Please note that this will not only terminate your panel membership but you will also no longer receive notifications of new Oxford products, special offers or discounts, or free sample resources from Oxford.

 

Non-Acceptance

We reserve the right to reject your application to become a panel member or to take part in particular research projects without any reason and without notice to you.

 

Research Projects

Participation in any research project is voluntary. You may be invited to participate in research in a number of ways, including but not limited to:

  • Respond to queries by email
  • Take part in polls
  • Complete online surveys
  • Take part in telephone or face-to-face interviews
  • Take part in online forums
  • Take part in face-to face focus groups
  • Review OUP publishing proposals
  • Trial OUP products/services
  • Allow occasional research visits to your school/college by OUP staff at a convenient time for you

We may share your contact details with partner market research agencies carrying out research projects for OUP.  By joining the Panel, you are agreeing to and authorising OUP to pass on your contact details to our partner research agencies. Those agencies may contact you about taking part in specific projects for OUP, although you do not have to respond and participation is optional. Your contact details will be deleted by the relevant agency or agencies at the end of a project.  None of those agencies will contact you for any other purpose.

 

Project Requirements

By agreeing to take part in a project, you are agreeing to fulfil to the best of your ability the requirements of the relevant market research, as specified in any project briefing documents or emails supplied to you by OUP. You will not provide any false or misleading data and complete the services requested of you in a timely manner. Unless otherwise stated by OUP, you should return any resources that were provided for the purposes of the project concerned.

 

Rewards

OUP values panel members' contributions on the Site and offers rewards in the form of Points.

When as a panel member you complete a survey, you may receive Points which will be posted to your account within 30 days of the completion of the survey. The number of Points you will receive for completion of each survey may vary and will be announced prior to each project.

Points may be redeemed for a variety of items that can change from time to time at our sole discretion. We reserve the right to change the Point value structure or other incentives. At our sole discretion we reserve the right to suspend, terminate, revalue or modify, without liability or the provision of advance notice to you, all or part of the Point value structure and offers. We further reserve the right to adjudicate all Point discrepancies in our sole discretion, and you agree to abide with any such adjudication. In the event the Point program is terminated, you will be notified and given at least 30 days in which you must redeem your Points.  

Points expire within 18 months from the time they were earned.

On termination or cancellation of your panel member account the position regarding your ability to redeem Points will immediately cease and any Points which have been accumulated will immediately be taken out of your account.

We take reasonable care to ensure Points are accurately deposited in your account. However you are responsible for ensuring that your account balance is accurate and we will not be held liable for any errors or omissions concerning Points. You must alert us in writing of any error within 30 days of when such error occurred. Points have no commercial value and may not in any circumstances be transferred or sold to any third party. Points may only be redeemed for the items indicated on the Rewards page of the Site. Liability for any applicable taxes imposed by any government on any monies you earn or donations you make through the redemption of Points is your sole responsibility.

For selected projects, OUP may offer rewards outside the rewards program.

All rewards made by OUP (whether financial or otherwise) will be made on the following basis:

  • The rewards offered will be specified prior to your agreement to participate in any particular market research project;
  • The rewards will only be due if you fulfil the research requirements as specified in the project briefing email or documents and to the agreed time schedule;
  • You will be responsible for any tax liabilities or similar contributions (if any) which may become due by virtue of your receipt of any reward and you agree to indemnify OUP and keep OUP indemnified against all claims and demands for such taxes, contributions, penalties and interest in respect of payments for your services hereunder and against OUP's costs of dealing with any such demands;
  • Any rewards you receive for participation in our market research will be the only compensation you will receive for your participation.

 

Cancellation/Postponement

OUP reserves the right to cancel projects, meetings, or events in which a panel member may have agreed to participate. In the event of such events being impossible to reschedule, no reward will be made for that particular project/ event so long as not less than 24 hours' notice has been given to the email address which you have provided to us.

 

Confidentiality

All work carried out for OUP is confidential and must not be disclosed to any third parties. As a panel member you may receive commercially sensitive and other confidential information relating to OUP's publishing plans or services. You undertake to keep all such information received from OUP confidential and not to disclose to any other party. In the case of documents or sample materials, these are provided on the terms that they are not to be copied, published or distributed to a third party.

The confidential information you receive may include, but is not limited to, new product ideas or concepts, marketing and advertising concepts, and the text, visual images and sounds related thereto. By becoming a panel member, you agree that you will keep the contents and materials disclosed to you as part of all research in which you participate confidential and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of completing the research projects.

 

Panel Member Content and Licence

You hereby give OUP a non-exclusive, perpetual, unlimited, worldwide, royalty-free right to use for any purpose any content you submit to this Site (e.g., your opinions, ideas and survey responses), including the right to edit, copy, transmit, publish, display, modify, distribute, create derivative works from and develop such content and to transfer such content to third parties. You, not OUP, will have sole responsibility and liability for all content you use, upload, post or submit to the Site, including on our message boards and in any survey in which you participate, including the obligation to obtain any necessary approvals and authorizations required to post such content. By submitting such content to the Site, you release OUP from any obligation to compensate you in respect of use of such content in any form, including without limitation, for commercial use and hereby waive any moral rights that you might otherwise have been able to exercise in respect of that content.

You hereby waive any moral rights (as provided in the Copyright, Designs and Patents Act 1988) that may vest in you in relation to any use we may make of your Contributions.

You acknowledge that all materials on the Site, including the Site's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials") are subject to and protected by United Kingdom and international copyright and other intellectual property laws and rights. Except as expressly authorized by these Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means. You are authorized to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.

All trademarks, service marks, logos and trade names used on this Site may not be copied, imitated or otherwise used, in whole or in part.  All rights are reserved.

 

Notice of Copyright Agent

OUP respects the intellectual property rights of others and requests that you do the same. If you believe that your work has been reproduced in this Site in a way constituting copyright infringement, you may provide a notice to the designated Copyright Agent for the Site at support@educationalresearchforum.com containing the following:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  • The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
  • A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Disclaimer of Warranties

OUP is not responsible for the actions of any third party, such as the issuers of any e-rewards, gift cards, vouchers or other rewards.

You expressly agree that your use of this Site and your panel member account is at your sole risk. You agree that this Site, all information on this Site, and the services offered by this and their functionality are provided "AS IS" and "AS AVAILABLE." OUP is not responsible for typographical errors regardless of source. In addition, OUP does not represent or warrant that the information accessible on this Site is accurate, complete, or current. You hereby release OUP from all liability regarding the redemption and use of any rewards. Except as otherwise expressly provided in these terms, OUP disclaims all warranties, conditions and duties, express, implied or statutory, including but not limited to any implied warranties, duties or conditions: (a) of merchantability, of fitness for a particular purpose or use, of results, and of accuracy or completeness or privacy or security of information; (b) the site will be uninterrupted, timely, secure, or error-free; (c) created by trade usage, course of dealing or course of performance. OUP further disclaims all duties to you, if any such duties exist, including but not limited to reasonable care, freedom from computer virus, and lack of negligence. OUP further makes no warranty of title or against interference with your enjoyment of any aspect of the complete site, or against infringement. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from OUP on or through the site shall create any warranty not expressly stated in these terms.

 

Limitation of Liability

With the exception of personal injury or death resulting from their negligence or any liability for fraud, OUP shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the site, including any liability (i) as a publisher of information, (ii) for any incorrect or inaccurate information, (iii) for any unauthorized access to or disclosure of your transmissions or data, (iv) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this Site or any third party website. Subject to the exceptions stated at the beginning of this paragraphthis is a comprehensive limitation of liability that applies to all damages of any kind, including, to the fullest extent allowed by law, for any special, incidental, punitive, consequential or similar general damages, or for damages for lost profits, loss or impairment of privacy, security or data, failure to meet any duty (including but not limited to any duty of good faith, or of lack of negligence), or for any other similar damages whatsoever that arise out of or are related to any breach or other aspect of the entire agreement or this Site, even if OUP has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability or misrepresentation.

In no event shall the liability of OUP or its agents exceed the actual retail value of an applicable reward at issue, or if a dispute relates generally to your use of the site, to the fair market retail value of the rewards which your unused, unexpired, non-cancelled rewards are convertible into.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the exclusions and liability are limited to the fullest extent permitted by law.

 

Indemnification

You agree to compensate and hold OUP harmless from any and all claims, losses, damages, suits, fines, levies and costs (including reasonable attorney's fees and expert witness costs, including costs associated with in-house counsel), (collectively "Claims"), arising from or related to your use of or conduct on this Site and any content you place on, submit to or transmit through this Site, your breach of these Terms, your infringement or violation of any rights of another, or termination of your access to the Site, including Claims made by third parties. You agree that OUP has the unlimited right to defend any Claim and to settle any Claim without your prior permission. You agree to provide OUP with all reasonable assistance in the defence of any Claim.

 

Links to Third Party Websites

OUP may provide links to third-party Websites as a convenience to you, and OUP providing of any link does not constitute an endorsement by such site or vice versa. If you use these links, you will leave the Site. You agree that OUP is not responsible for examining or evaluating the content or accuracy and OUP does not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third parties. You will use these links at your own risk. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that OUP is not in any way responsible for any such use by you. OUP expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party Website.

 

Governing Law and Exclusive Forum

These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of this Site shall be governed by the laws of England and Wales without regard to its conflict of law provisions. Any disputes regarding such claims or arising under or related in any way to these Terms or this Site shall be heard exclusively in the appropriate forum in the English courts. You hereby consent to exclusive jurisdiction of the English courts and waive any claim or defence that such forum is not convenient or proper, and consent to service of process by any means authorized by the laws of England and Wales.

 

Notices

We may give you all notices that we are required to give by posting notice on this Site. You also agree that we may give notice by email in our discretion. We may provide notice to any email or other address that you provide during registration. You agree to keep your address current and to check for notices posted on the Site.

 

Entire Agreement

These Terms, including items incorporated into them, as well as any additional terms or conditions contained on the Site for particular activities, and disclosures provided by us and consents provided by you on the Site (collectively, the "Entire Agreement"), constitute the entire Agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches, and time is of the essence of the Entire Agreement. This Site is controlled from within the United Kingdom. If you access this Site from locations outside the UK, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of UK export laws and regulations or the Entire Agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

 

Site Member Code of Conduct

This Site is an online Community. When you use and post content to this Site you must observe the following rules:

  • Be courteous and respect the opinions of others and behave in a manner that supports a safe and comfortable environment for all panel members.
  • Do not post any of the following:
    • Material that advocates illegal activity or political, religious or ideological beliefs.
    • Personal attacks or anything (including "jokes" that may be misconstrued) obscene, vulgar, illegal, harmful, discriminatory, racist, xenophobic insulting, threatening, abusive, harassing, defamatory, libellous, untrue, misleading or invasive of someone else's privacy or anything that is in any way pornographic or pedophiliac or that refers directly or indirectly to pornographic or pedophiliac sites.
  • Advertising and solicitations – Do not use any community areas to buy or solicit for goods, services, or money, or to advertise or sell products or services to others. For example, do not post any advertising, referrals, promotional materials, junk mail, "spam," chain letters, pyramid schemes or any other form of solicitation.
  • Any content that infringes any patent, copyright, trademark, trade secret or other intellectual property right of another or that, without prior written permission, mentions any third party brand or personality or uses any third party content.
  • Any statement that expresses or implies that any actions you take are endorsed by OUP.
  • Do not take any surveys other than in good faith, such as providing false answers, answers that are not your own genuine responses or speeding through a survey or answering each question the same way. We reserve the right to withhold awarding rewards or remunerations to you if, in our reasonable view, your responses are untruthful or not well considered.
  • Do not access or use any part of the Site for anything other than your personal, non-commercial use.
  • Do not access or use any part of the Site in any way that may violate any applicable law, regulation, or other governmental requirement and/or principles of good conduct.
  • Do not resell, barter, trade or otherwise attempt to generate income by providing access to your panel member account to others.
  • Do not impersonate any individual or entity or otherwise misrepresent your affiliation with any person or entity, including by "framing" any portion of this Site to make it look like you have a relationship with us or that we have endorsed you for any purpose.
  • Do not attempt to circumvent the Site or any security measures used on the Site.
  • Do not release, publish or otherwise disclose or make reference to any survey or Site content in any media.
  • Do not collect or store any personal information about other panel members of this Site and in particular, without limiting the foregoing, do not obtain email addresses of other Site panel members or third parties with a view to sending unsolicited emails, for whatever reason or purpose.
  • Do not attempt to access any service or area of the Site or any surveys that you are not authorized to access.
  • Do not use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data.
  • Do not send to or otherwise impact us or this Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact this Site or any recipient or take any action, such as a denial of service attack, that might impose a burden on this Site's infrastructure or interfere with the ordinary operation of this Site.
  • Do not whilst a panel member whether in your contributions or conduct provide or do anything that may in the reasonable opinion of OUP bring OUP into disrepute.
  • Do not engage in any other activity that we may reasonably deem improper or abusive.

Failure to comply with this Site Member Code of Conduct may result in termination of your panel member account.