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| About | Install | FAQ | Terms | Privacy |
1
Introduction
1.1
These terms of use ("Terms") apply to your use of the PanelConnect mobile data collection application (the "Application"), comprised of the Meter and VPN as described in more detail in section 1.3 below. The Application is made available by Kantar UK Limited (a/k/a "Kantar") ("Kantar", "Us" and "We")
1.2
These Terms form a binding legal agreement between you, as a user of the Application, and Kantar. By downloading, installing and using the Application you confirm that you have read, understood and agree to these Terms in their entirety and all other applicable laws. If you do not agree to these Terms in their entirety you must uninstall the application from your mobile device (which requires that you uninstall both the Meter and VPN) by following all of the defined steps from the instructions provided here: https://www.shopandscan.com/panelconnect/install.html.
1.3
The Application will either install a piece of software on your device to collect data from your device (the "Meter") and/or will establish a profile on your device to redirect all data generated by and for your device through our vendor RealityMine Ltd. to enable Kantar to collect data from RealityMine's servers (the "VPN"). Regardless of whether data is collected via the Meter or the VPN, Kantar will only use the data as described in our Privacy Policy. You should carefully read our Privacy Policy to understand how we collect, use, disclose and manage that information. If you do not agree to the terms of that Privacy Policy, then you will need to uninstall the Application your mobile device (which requires that you uninstall both the Meter and VPN) by following all of the defined steps from the instructions provided here: https://www.shopandscan.com/panelconnect/install.html
2
Your use of the Application
2.1
We hereby grant you a personal, non-exclusive, non-transferable, limited, right to download the Application for your own limited, personal, non-commercial and lawful use on your mobile device, provided always that such use is subject to, and in accordance with, these Terms. Kantar or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Application. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any part of the Application without the prior written consent of Kantar. All rights not granted under these Terms are reserved by Kantar.
The Application may modify or replace certain content or advertisements that you see on third party sites and services as part of our market research activities. You represent and warrant that you have the right and authority to install and use the Application on the device on which it is installed.
2.2
Either of us may terminate the license at any time. We may immediately, with or without notice, disable the Application on your device.
You can opt out of this program at any time by removing the Application from your mobile device (which requires that you uninstall both the Meter and VPN) by following all of the defined steps from the instructions provided here: https://www.shopandscan.com/panelconnect/install.html.
At that point, the Application will stop collecting and transmitting information about you. Please note that any information that has previously been collected by the Application and sent to us up until the time you disabled it will continue to be used by us in accordance with our Privacy Policy.
2.3
If you fail to comply with any term of these Terms, we may (without prejudice to any other rights we may have) suspend provision of the Application or any applicable account or service provided by us to you and/or terminate it immediately (where we do so, we will always try to give you reasonable notice but you acknowledge that we may not always be able to do so where we reasonably feel such suspension or termination is necessary to protect our commercial interests).
2.4
You agree to defend, indemnify and hold harmless Kantar, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms or (ii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
2.5
Please note that use of the Application is subject to your computer and/or mobile device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that your computer and/or mobile device is compatible with the Application and we shall not be liable for any failure arising in the Application which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
3
Warranties and Liability
3.1
THE APPLICATION IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE APPLICATION. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten pounds (£10).
4
Information arising from your use of the Application
4.1
Any information, data, reports, analysis and results which are created following your installation of the Application on your mobile device ("Data") shall vest in and be owned by Kantar. We are not under any obligation to use, collect or analyse any Data relating to you.
5
Changes
5.1
We reserve the right to make changes to these Terms, or to the functionality, features, feature or content of the Application at any time. We may automatically update the Application on your device. Changes to these Terms will be announced on our website or otherwise communicated to you. Please be sure to visit the website regularly. You may need to download a new version of the Application if you wish to take the benefit of any changes we may make to it.
6
Governing Law and Jurisdiction
6.1
These Terms shall be governed by and construed in accordance with English law. The parties irrevocably agree to submit to the exclusive jurisdiction of the English Courts in relation to any claim or matter arising under or in connection with these Terms.
Any claims asserted by you in connection with the Application must be asserted in writing to Kantar within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
6.2
You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the Application. To the extent that the Application or any activity contemplated by it would infringe any law of a jurisdiction other than the English Courts, then you are prohibited from accessing or using the Application or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms.
6.3
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Contact Us
If you have questions related to these Terms or the Application, please email us or write to: