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 anyone else.

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 credits.

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 these terms.

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 terms.

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 it.

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 excluded.

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 here.

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 1998.

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.