Terms & conditions
These terms and conditions ("terms") govern our relationship
with you and your use of our online survey tool for the measurement
of people's well-being (the "survey tool"). By clicking "Accept"
when you sign up you accept these terms and conditions.
We are New Philanthropy Capital and our details are set out at
the base of these terms. We may amend our terms and conditions from
time to time. If you accept these terms, you also accept that they
supersede and replace any previous terms and conditions between us
relating to the survey tool.
1. Access and use - We will provide you with
access to and use of our survey tool.
Assistance on the use of the survey tool is available from our
online help manual. If you are unable to resolve your problem we
will also use reasonable endeavours to support you through our
email support service.
You are responsible for any access or use of the survey tool
made with your username and password. Please keep them
confidential. Let us know if you think they have become known to
Please ensure your use of the survey tool is appropriate. For
example, you should not use it: (a) in an unlawful, harmful,
threatening, defamatory, discriminatory or indecent manner; (b) in
a way that infringes any third party's rights; or (c) in a way that
damages or interferes with the proper workings of the survey tool.
We may suspend your access to the survey tool with immediate effect
if you breach this obligation.
2. Credits - You can purchase credits from us
at the rate set out on our website. You can expend those credits to
conduct surveys using the survey tool. These credits expire two
years after purchase. We will not provide a refund for expired
Any credits you purchase are for your own use. You must not
allow anyone else to use your credits.
Unless expressly stated to the contrary, all payments under
these terms are exclusive of VAT.
Discounted rates for charities and other third sector
organisations are available as set out on our website. NPC reserves
the absolute right to determine whether and how discounts are
applied including refusing discounts to any customer.
3. Free trial - If you are a new user of
the measure, you can choose to sign up to the free trial. Free
access is limited to the time period specified when signing up and
provides you with access to a more basic version of the survey
tool. The features available are detailed on the website. Once
the free period has ended, you will be required to upgrade your
account in order to launch new surveys. Upgrading your account will
require purchasing credits (see credit terms above).
4. Use of Information - We own all the
intellectual property rights in our website and the survey tool.
You are only entitled to use these rights as expressly set out in
You own the intellectual property rights in your surveys and the
results. You grant us a royalty-free, perpetual and irrevocable
right to use those surveys and the results for whatever purposes
and in whatever manner we see fit, including as set out in these
The survey tool is intended for use with anonymous surveys.
Hence, we will not ordinarily provide you with the individual
responses to your survey. Instead, you will be able to create
reports summarising the outcome of that survey.
We may use aggregated data provided from your survey, and from
other surveys carried out using the survey tool, for a range of
purposes including understanding the UK's well-being and creating a
national well-being baseline. We will not identify you in these
reports without your consent.
5. Termination - We may terminate your use of
the survey tool on 28 days' notice. If we do so, we will provide a
refund for any unused credits or for any uncompleted surveys.
You may terminate your use of the survey tool at any time by
notice to us. If you do so, we will not be obliged to provide a
refund to you for any unused credits.
We may terminate your use of the survey tool immediately by
written notice to you if you commit a material breach of these
terms and, where the breach is capable of being remedied, that
breach has not been remedied within seven days after receipt of
notice giving details of the breach and requiring you to remedy
Termination of this terms shall not affect any rights or
obligations which may have accrued prior to termination or expiry
or obligations of each party intended to survive such termination
or expiry, including those in paragraph 5.
6. Liability - The survey tool, and any
information generated by the survey tool, is provided "as is". To
the maximum extent permitted by law, all terms, conditions and
warranties, other than those expressly set out in these terms, are
excluded including all implied and statutory terms, warranties and
conditions relating to the availability of the survey tool, its
quality or fitness for purpose.
Save as provided in the paragraph below and whether in contract
(including under any indemnity or warranty), in tort (including
negligence), under any statute or otherwise: (a) neither party
shall be liable to the other or to any third party for any loss of
profit, loss of revenue, loss of anticipated savings, loss of
contract or opportunity or for indirect or consequential loss; and
(b) our aggregate liability to your or any third party under or in
connection with these terms or the provision of the survey tool
shall be limited to £1,000.
The limits on liability set out in this paragraph 5 shall not
apply in respect of: (a) any liability for death or personal injury
resulting from negligence; (b) any liability for fraud or
fraudulent misrepresentation; (c) any breach of any obligations
implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of
the Supply of Goods and Services Act 1982; or (d) any other
liability to the extent to which it cannot be lawfully
7. Data Protection - We will use appropriate
technical and organisational measures to protect personal data
against unauthorised or unlawful processing or accidental loss,
destruction or damage.
Further information about our use of personal data is available
We confirm that, to the extent we act as data processor for you,
we will: (a) only process personal data in accordance with your
instructions; and (b) comply with obligations equivalent to those
imposed on you, as data controller, by the seventh principle of the
Data Protection Act 1998.
The terms "data processor", "process" and "personal data" shall
have the meaning assigned to them by the Data Protection Act
8. Manual Input - We also offer a service
allowing a survey to be carried out using hard copy questionnaires.
This includes our inputting the information from those
questionnaires into the survey tool. There is an additional charge
for this service. Please contact us for further details.
In relation to surveys that have been manually input, NPC does
not accept responsibility for missing data due to: (a) surveys that
have not been sent; (b) incorrect ID codes or ID codes that are
illegible; (c) surveys that are damaged or that have missing pages;
or (d) any loss or damage during postage.
9. Other - Neither of us shall be liable to the
other for any failure to perform our obligations under these terms
if and to the extent that such failure results from any
circumstances beyond our reasonable control.
These terms constitute the entire agreement between us with
respect to the subject of this agreement and (to the extent
permissible by law) supersede all prior representations or oral or
written agreements between us in respect to that subject matter,
provided that neither party is attempting to exclude any liability
for fraudulent statements. You acknowledges you have not been
induced to enter into these terms by any representation, warranty
or undertaking not expressly incorporated within them.
No person shall have any right under the Contracts (Rights of
Third Parties) Act 1999 to enforce any part of these terms.
When you deal as a consumer (as defined by Consumer Protection
(Distance Selling) Regulations 2000), you have the right to cancel
these terms within seven working days from the date you enter into
them, by providing written notice of cancellation to us. However,
you will not be able to exercise this right if you have already
started using the survey tool.
These terms are only available in English. A copy of these terms
will not be filed by us.
These terms shall be governed by and construed in accordance
with English law and shall be subject to the exclusive jurisdiction
of the English courts.
New Philanthropy Capital
185 Park Street, London SE1 9BL
Registered charity 1091450
Company number 04244715
VAT Registration 805 4105 66
Contact email wellbeing@thinkNPC.org
Last updated on 25 July 2013.