ParticipAid Terms & Conditions

Participants

1. Definitions

1.1. Terms and Conditions, used together or separately, both refer to the terms and conditions contained herein, and Contract refers to the binding contract arising from your acceptance of these terms and conditions.

1.2. ParticipAid, we and us refer to ParticipAid Inc.

1.3. Privacy Policy refers to ParticipAid’s official privacy policy, available for viewing on our Website and Services.

1.4. Services, Service, Website and Websites refer to https://www.participaid.co/ and ParticipAid's mobile applications.

1.5. User Content refers to any content you provide to ParticipAid, including by uploading it to ParticipAid's servers or to the Services.

1.6. A participant refers to any person that uses our Services as a participant, and a researcher refers to any person that uses our Services as a researcher.

2. Applicability

2.1. Part I governs your relationship with ParticipAid while using our Services as a participant. You also agree to be bound by Part II of these Terms while using our Services as a researcher.

3. Introduction

3.1. These Terms and Conditions are a binding document which governs your use of our Services and our provision of the Service to you, an individual. Ensure that there is nothing within them that you are not prepared to agree to.

3.2. This document informs you about the terms and conditions upon which we supply our Services to you.

3.3. Before using any Services supplied by ParticipAid, please read through these Terms and Conditions. If you are in disagreement or unwilling to accept these Terms and Conditions, you may not access or use any Services supplied by ParticipAid.

3.4. All users of this Service and any Services supplied by ParticipAid should print a copy of these Terms and Conditions and our Privacy Policy for future reference. Please read our Privacy Policy regarding your personal information, which is incorporated by reference into these Terms and Conditions. If you do not accept and agree to be bound by all of the terms of these Terms and Conditions, including the Privacy Policy, do not use the Service.

3.5. By accessing any of the Services supplied by ParticipAid, you agree to be legally bound by these Terms and Conditions and the Privacy Policy. You will be unable to proceed if you do not accept these Terms and Conditions.

3.6. We reserve the right to revise and amend ParticipAid, our disclaimers, the Privacy Policy and the Terms and Conditions at any time without notice to you. Your continued use of ParticipAid (or any part thereof) following a change constitutes your consent to be bound by the Terms and Conditions, as amended. It is your responsibility to check regularly to determine whether we have changed these Terms and Conditions.

4. Services

4.1. The Services constitute a technology platform that enables participants who use the Services to locate and join studies of interest to them conducted by independent third party researchers and institutions in the academic and pharmaceutical sectors, among others. YOU ACKNOWLEDGE THAT PARTICIPAID DOES NOT PROVIDE OR UNDERTAKE SCIENTIFIC OR MEDICAL RESEARCH STUDIES OR FUNCTION AS A SCIENTIFIC RESEARCH INSTITUTION AND THAT ALL SUCH STUDIES ARE PROVIDED BY INDEPENDENT THIRD PARTIES WHO ARE NOT EMPLOYED BY PARTICIPAID OR ANY OF ITS AFFILIATES.

4.2. YOU UNDERSTAND AND ACKNOWLEDGE THAT (1) PARTICIPAID DOES NOT CONDUCT OR UNDERTAKE ANY RESEARCH STUDIES, (2) PARTICIPAID IS NOT A RESEARCH INSTITUTION. IT IS UP TO THE THIRD PARTY RESEARCHERS TO DECIDE WHETHER OR NOT TO ACCEPT AN APPLICATION TO PARTICIPATE IN A STUDY FROM YOU AND IT IS UP TO YOU TO DECIDE WHETHER OR NOT TO PARTICIPATE IN ANY RESEARCH STUDIES FROM THIRD PARTY RESEARCHERS CONTACTED THROUGH THE SERVICE. ANY DECISION BY THIRD PARTY RESEARCHERS TO ACCEPT A PARTICIPANT THROUGH THE SERVICE IS A DECISION MADE AT THE SOLE DISCRETION OF THE THIRD PARTY RESEARCHER. PARTICIPAID OFFERS INFORMATION AND A METHOD TO CONNECT PARTICIPANTS AND THIRD PARTY RESEARCHERS WITH EACH OTHER, BUT DOES NOT PROVIDE AND DOES NOT INTEND TO ENGAGE IN ANY RESEARCH STUDIES OR ACT IN ANY MANNER AS A RESEARCHER, AND HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY RESEARCH STUDIES A PARTICIPANT PARTICIPATES IN WITH ANY THIRD PARTY RESEARCHERS USING THE SERVICES.

4.3. YOU UNDERSTAND AND AGREE THAT PARTICIPAID IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PARTICIPANTS AND RESEARCHERS. PARTICIPAID HAS NO CONTROL OVER THE CONDUCT OF THIRD PARTY RESEARCHERS, PARTICIPANTS AND OTHER USERS OF THE SERVICES OR ANY RESEARCH STUDIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

5. Access

5.1. You will be able to access parts of the Services without having to register any details with us. Certain areas of ParticipAid’s website and mobile applications will only be accessible to registered users.

5.2. You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms, and that they comply with them.

5.3. We do not guarantee that ParticipAid will be available to view and use 24 hours a day throughout each year. ParticipAid may be temporarily unavailable at any time for any reason, such as: Server or systems failure or other technical issues; Reasons that are beyond our control; Required updating, maintenance or repair. We shall not be obliged to give you advance warning of maintenance issues.

6. Registration

6.1. When registering or supplying information to us through the Services, you may be required to disclose personal information for the purposes of creating a user account. You are responsible for all actions taken under your chosen username, email and password. You are responsible for all activity that occurs under your ParticipAid account.

6.2. By registering on the Services, you warrant and agree to the following:

➢    That all the information you provide to us for the purpose of registering on the Services are true, accurate, current and complete in all respects.

➢    To notify us immediately of any changes to the information provided on registration or to your personal information. You are also responsible for informing all participants of any changes to your contact information, which may include personal information.

➢    That you are over 18 years of age.

➢    To only use the Services using your own username, name, email, and password.

➢    To make every effort to keep your password and any details of participants safe.

➢    Not to disclose your password or details of participants to anyone.

➢    To change your password immediately upon discovering that it has been compromised.

➢    To neither transfer nor sell your username, email address or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them.

➢    To not pass any details of participants or other users onto third parties, including any other researchers, departments, funding bodies, research councils, industrial partners or associated universities.

6.3. You authorise us to transmit your name, email and other personal information supplied by you (including updated information) to obtain information from third parties about you so that we may authenticate your identity. We shall not be required to inform you of this authentication.

6.4. We reserve the right to terminate an agreement formed with you pursuant to these Terms and to suspend or terminate your access to ParticipAid immediately and without notice to you if: You breach these Conditions (repeatedly or otherwise); You are impersonating any other person or entity; When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity while or by using our Services.

6.5. A Contract between you and us incorporating these Terms will subsist after you have accessed ParticipAid, including the Website (https://www.participaid.co/) or any other Services provided by ParticipAid.

7. Eligibility to use ParticipAid

7.1. To be eligible to use and engage in ParticipAid as a participant and lawfully enter into and form contracts with us, you must: Be 18 years of age or over; Be legally capable of entering into a binding contract; Be able to read or understand the written information on the study page, such as the requirements and instructions; Independently seek guidance on participating in research from the associated university of the research in question; and Ensure you are provided with enough information and guidance from the researcher, associated university entity or an expert, to make an informed decision to participate in the research.

8. Intellectual Property

8.1. To provide you with our Services, we require permission to use your content. Any User Content you provide us will be owned by you, and you will be responsible for this content. We may require your content, including any that might be covered by intellectual property rights, to use for the purpose of advertising, promoting, recruiting and communicating with participants, in accordance with these Terms.

8.2. For any User Content, you specifically grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and ParticipAid’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

8.3. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant ParticipAid the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor ParticipAid’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

8.4. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ParticipAid in its sole discretion, whether or not such material may be protected by law. ParticipAid may, but shall not be obligated to, review, monitor, or remove User Content, at ParticipAid’s sole discretion and at any time and for any reason, without notice to you.

8.5. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, sound recordings, works of authorship, applications, links and other content or materials that you submit, post, share, use, provide, transmit, or display on or via the Services. You are responsible for ensuring the accuracy of the information that you submit to ParticipAid. Inaccurate information may affect your experience when using the Services and our ability to contact you as described in the Privacy Policy. You may also be asked to provide authorization for uses of information in addition to what is in these Terms and the Privacy Policy when you use the Services.

8.6. The Terms of this section are only applicable for the time period in which Services are provided. Title to background intellectual property rights shall remain with the party providing it. Title to all foreground intellectual property rights shall remain with or pass to ParticipAid.

8.7. To provide you with our Services, we collect and store data including, statistics, participation figures and information generated in connection with Services. This data is owned by ParticipAid and used to provide Services, improve Services and measure the performance of our Services.

8.8. You are responsible for checking with your university, employer, industrial partners, funding bodies, research councils, shareholders and other interested parties that you have the right to upload any information, images or data that is associated with these entities.

8.9. All content (excluding user generated content) of ParticipAid is protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to ParticipAid or Services provided by ParticipAid, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world), and you acknowledge that the intellectual property rights in the material and content supplied as part of ParticipAid shall remain with us or our licensors.

8.10. You may download or copy the content and other downloadable items displayed on our Services subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of our Services for other than personal use is expressly prohibited.

8.11. You acknowledge that any other use of the material and content of this Service is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

8.12. No licence is granted to you in these Conditions to use any of our trademarks or those of our affiliated companies. Services provided by us and Services content may be subject to copyright, trademark or other intellectual property rights in favour of third parties. We acknowledge those rights.

9. Confidentiality

9.1. Subject to these Terms and any terms regarding intellectual property, you agree to treat any information received from another user, participants, researchers or ParticipAid in confidence and to use it only for purposes of ParticipAid. The above commitment of confidentiality shall not apply to any information which is already in or comes into the public domain otherwise than through the fault of the receiving party or has been independently developed by the receiving party.

9.2. You agree you will not use ParticipAid’s or other's name or logo in any press release or product advertising, or for any other promotional purpose, without first obtaining the other's or ParticipAid’s, as applicable, written consent.

9.3. All employees, students, agents or appointees of ParticipAid (including those who work on our Services) shall have freedom to publish in accordance with normal academic practice and freedom to discuss work undertaken as part of our Services in seminars, and to give instruction on questions related to such work, in pursuance of ParticipAid’s academic functions.

10. Prevailing Laws, Arbitration and Guarantee

10.1. This Contract shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts of Ontario, except for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below. If you use the Service from outside of Canada, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service. ParticipAid has no responsibility whatsoever for the actions or conduct of participants or third party researchers. ParticipAid has no obligation to intervene in or be involved in any way in disputes that may arise between third party researchers, participants, or third parties.

10.2. For any dispute with ParticipAid, you agree to first e-mail us at ParticipAid’s Customer Service e-mail at contact@participaid.co and attempt to resolve the dispute with us informally. If the matter is not resolved, any disputes or claims in connection with or arising out of these Terms, its negotiation, breach, existence, validity or termination will be referred to and finally determined by arbitration, from which there will be no appeal, before a single arbitrator in Toronto in accordance with the provisions of the Arbitration Act (Ontario). For greater certainty, the application of article 34 is expressly excluded. Liability for costs will be decided through the arbitration process. The award rendered by the arbitrator shall include costs of arbitration, reasonable legal fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS PARTICIPANT IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS CONTRACT, YOU AND PARTICIPAID ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

10.3. We cannot guarantee our Services will always be secure or error-free or that our Services will always function without disruptions, delays or imperfections. We are not responsible for the actions, content, information, or data of end-users and third parties, and the user releases ParticipAid, the directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

11. Use of Services

11.1. You are permitted to use our Services and the material contained in them only as expressly authorised by us and in accordance with these Terms and Conditions, as may be amended from time to time without notice to you. We provide access and use of our Services on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.

11.2. We reserve the right to:

➢    Make changes to the information or materials on our Services at any time and without notice to you.

➢    Temporarily or permanently change, suspend or discontinue any aspect of our Services, including the availability of any features, information, database or content or restrict access to parts of or the entire Service without notice or liability to you or any third party.

➢    Refuse to post material on our Services or to remove material already posted on our Services.

11.3. You may not use our Services for any of the following purposes: Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise; Breaching any applicable local, national or international laws, regulations or code of practice; Gaining unauthorised access to other computer systems; Interfering with any other person's use or enjoyment of our Services; Breaching any laws concerning the use of public telecommunications networks; Interfering with, disrupting or damaging networks or Services connected to our Services; Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of our Services; To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; To create and/or publish your own database that features all or substantial parts of our Services; Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner.

11.4. In addition, you must not: Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to ParticipAid; Attempt to gain unauthorised access to our Services, the servers on which our Services are stored or any server, computer or database connected to it; Attack ParticipAid via a denial-of-service attack or a distributed denial-of service attack; Damage or disrupt any part of ParticipAid, any equipment or network on which our Services are stored or any software used for the provision of our Services.

11.5. You will not use any Services provided by ParticipAid to: Do anything unlawful, misleading, malicious or discriminatory. This includes, but is not limited to: Promoting any unauthorised commercial communications, such as spam, or content that is: hate speech, threatening, or pornographic or could be considered offensive by other users. A breach of this clause may be a criminal offence under the Criminal Code of Canada, 1985. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use ParticipAid’s Services will cease immediately.

11.6. You will not use automated means, such as robots, spiders, scrapers or harvesting bots, without prior permission, to access or collect data from any Services provided by ParticipAid. You will not engage in any multi-level marketing, solicit login information, access an account belonging to someone else, or upload viruses or other malicious code. You are required to abide by all prevailing laws regarding publicising and promoting contests, prizes or any compensation in connection with the use of ParticipAid, as stated in these Terms or otherwise. You will not disable, or impair the proper working or appearance of ParticipAid.

11.7. You are responsible for the security of your account information. You agree to ensure that if other users access your account, they are made aware and abide to the Terms here that govern the use of ParticipAid.

12. Compensation

12.1. We allow researchers to promote compensation to participants who participate in their research. Compensation can be in the form of, but not limited to, vouchers, money, and gifts. ParticipAid is not responsible or liable for any misuse, misguidance, representation, interpretation, acceptance or promotion of compensation.

12.2. ParticipAid does not facilitate the transaction of compensation. You acknowledge that any compensation offered by researchers is a separate agreement between you and that party, and ParticipAid makes no guarantee or representation of any kind about the reliability or successful receipt of such compensation. You are responsible for arranging any payment methods and exercising all reasonable precautions where offers of compensation are made. You agree that ParticipAid will not be liable for any loss incurred or any failure to pay offered compensation.

13. Reviews, Comments and Feedback

13.1. You acknowledge that any review, feedback or rating which you leave may be published by us on our Services and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our Services, publications or marketing materials.

13.2.  You undertake that any review, feedback or rating that you write shall:

➢    Comply with applicable laws in Canada and the law in any country from which they are posted.

➢    Be factually accurate.

➢    Contain genuinely held opinions.

➢    Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving.

➢    Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence.

➢    Not infringe any trademark, copyright, database right, or other intellectual property rights of any other person or breach any legal duty you owe to a third party.

➢    Not be used to impersonate any person, or to misrepresent your identity.

13.3. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Services, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.

13.4. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you. We reserve the right to publish, edit or remove any reviews without notifying you.

14. Linking to The Website

14.1. You must not create a link to ParticipAid from another website, document or any other source without first obtaining our prior written consent, unless you are registered account holder, which will give you limited consent and rights to provide links to https://www.participaid.co/and any sub-domains.

14.2. Any agreed link must be:

➢    To ParticipAid's homepage or study page.

➢    To your (the account holder) landing page.

➢    Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the Canada and the law in any country from which they are hosted.

➢    Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it.

➢    Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists.

14.3. We have no obligation to inform you if the address of ParticipAid's home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.

14.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice, you must immediately remove the link and inform us once this has been done.

15. External Links

15.1. To provide increased value and convenience to our users, we, and our users may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

➢    The privacy practices of such websites;

➢    The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources;

➢    The use which others make of these websites; or

➢    Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.

15.2. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this Contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this Contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

16. Suspending or Terminating Your Access

16.1. You may terminate your participation in the Services at any time, for any reason upon receipt by us of your written notice of termination. Either party hereto may terminate your participation in the Services by removing your information at any time, for any or no reason, without explanation, effective upon sending written notice to the other party. Upon such termination, we may retain an archived copy of your information as required by law or for legitimate business purposes. We maintain sole discretion to prohibit your use of the Services in the future, for any or no reason. Even after your participation in the Services is terminated, this Contract will remain in effect.

17. Responsibility

17.1. ParticipAid cannot control how you, participants or other users find content if it is made available online. ParticipAid is not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the number of participants or visitors. The Services provided by ParticipAid are non-transferable and cannot be used in any way other than stated in these Terms.

17.2. ParticipAid is not responsible for any loss or damages experienced by you or other users in connection with the use of our Services.

17.3. ParticipAid is not responsible for any loss or damages including, but not limited to, loss of content, misguidance, computer hacking, computer viruses, misrepresentation, loss of participants, communication errors, loss of profits, and infringement of copyrighted content.

17.4. If and when any signatures are required by you, for the sale of goods and services or other consultancy services, you are responsible for the signatory and must ensure they obtain the authority or permission to sign the Contract from their employer, directors, shareholders and stakeholder including any associated third parties.

17.5. You are responsible for ensuring that all content is your own and does not infringe any intellectual property rights of others. ParticipAid is not responsible for the actions of you or other users, including the content or information transmitted or shared in connection with ParticipAid, or otherwise used by a user.

17.6. You are responsible for any content containing external link, location information, directions, contact details, or personal details that you upload to our products or Services. We are not responsible for any incorrect information uploaded by our users.

17.7. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. ParticipAid does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

18. Disclaimer, Liability And Indemnity

18.1. It shall be your responsibility to ensure that any products, services or information made available by ParticipAid meet your specific requirements.

18.2. We will not be liable to you if our Services are unavailable at any time.

18.3. We do not guarantee the accuracy or completeness of material on our Services. We make no commitment to ensure that such material is correct or up to date.

18.4. All drawings, images, descriptive matter and specifications on our Services are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide. We take no responsibility for images, drawings or descriptive matter and specifications uploaded by our account holders.

18.5. We do not guarantee that information regarding content availability on our Services is up to date, or that content or Services will always be available.

18.6. Our Services are provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms and Conditions or required by law) in relation to the information, materials, content or services found or offered on our Services for any particular purpose or any transaction that may be conducted on or through these Services, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PARTICIPAID DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY RESEARCHERS AND PARTICIPANTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

18.7. YOU UNDERSTAND AND ACKNOWLEDGE THAT PARTICIPAID DOES NOT PROVIDE RESEARCH STUDIES TO PARTICIPANTS. IT IS UP TO THE THIRD PARTY RESEARCHERS TO DECIDE WHETHER OR NOT TO ENGAGE A PARTICIPANT FOR A STUDY CONTACTED THROUGH THE SERVICE, AND IT IS UP TO THE PARTICIPANT TO DECIDE TO PARTICIPATE IN A STUDY WITH A THIRD PARTY RESEARCHERS CONTACTED THROUGH THE SERVICE. ANY DECISION BY A PARTICIPANT TO PARTICIPATE IN A RESEARCH STUDY ONCE CONNECTED THROUGH THE SERVICE IS A DECISION MADE IN SUCH PARTICIPANT’S SOLE DISCRETION. PARTICIPAID OFFERS INFORMATION AND A METHOD TO CONNECT THIRD PARTY RESEARCHERS AND PARTICIPANTS WITH EACH OTHER, BUT DOES NOT CONDUCT AND DOES NOT INTEND TO CONDUCT RESEARCH STUDIES, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY RESEARCH STUDIES CONDUCTED BY ANY THIRD PARTY RESEARCHER USING THE SERVICES.

18.8. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.

18.9. We make no representation or warranty of any kind, express or implied statutory or otherwise, regarding the availability of our Services or that they will be timely or error-free, that defects will be corrected, or that our Services or the servers that make them available are free of viruses or bugs.

18.10. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through our Services and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on our Services.

18.11. We cannot guarantee and cannot be responsible for the security or privacy of our Services and any information provided by you.

18.12. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of our Services or you downloading any material posted or sold on our Services or from any services linked to it.

18.13. We will not be responsible or liable to you, your school, employer, funding bodies, industrial partner(s), or other third party, associate entity (including family) for your participation in research advertised through https://www.participaid.co/. We recommend you seek advice from the appropriate research council or contact the researcher’s university directly for advice before participating in any studies, surveys, questionnaires or other activities’ advertised.

18.14. PARTICIPAID, ITS AFFILIATES, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OFFICERS OR DIRECTORS, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF PARTICIPAID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARTICIPAID SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY RESEARCHER, EVEN IF PARTICIPAID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PARTICIPAID’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CAD).

18.15. PARTICIPAID’S SERVICES MAY BE USED BY YOU TO CONNECT WITH THIRD PARTY RESEARCHERS WITH THE GOAL OF PARTICIPATING IN RESEARCH STUDIES, BUT YOU AGREE THAT PARTICIPAID HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY RESEARCH STUDY YOU PARTICIPATE IN WITH THIRD PARTY RESEARCHERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

18.16. PARTICIPAID MAY, BUT HAS NO OBLIGATION, TO SCREEN USERS USING THE SERVICES IN ANY WAY. AS A RESULT, PARTICIPAID EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS, OR OTHER PARTICIPANTS INTRODUCED TO YOU VIA THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGE TO OR LOSS OF PROPERTY, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT.

18.17. PARTICIPAID DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY RESEARCH STUDIES A PARTICIPANT PARTICIPATES IN WITH ANY THIRD PARTY RESEARCHERS USING THE SERVICES, NOR DOES PARTICIPAID WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, UP TO AND INCLUDING DEATH, THAT OCCURS AS A RESULT OF A STUDY A PARTICIPANT PARTICIPATES IN OR A USER’S USE OF THE SERVICE.

18.18. PARICIPAID AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SERVICES OFFERED BY RESEARCHERS, PAYMENT SERVICES, RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SITE OR SERVICES OR ANY LINKED WEBSITE.

18.19. NO WARRANTY OR GUARANTEE IS PROVIDED AS TO THIRD PARTY RESEARCHER OR PARTICIPANT SAFETY. ParticipAid has no responsibility whatsoever for the actions or conduct of third party researchers or participants. ParticipAid has no obligation to intervene in or be involved in any way in disputes that may arise between researchers, participants, or third parties. Responsibility for the decisions you make regarding providing research studies rest solely with you. It is up to you to take reasonable precautions in all actions and interactions with any party you may interact with through use of the Services. ParticipAid may but has no responsibility to screen or otherwise evaluate potential third party researchers or participants. You understand and accept that ParticipAid has no control over the identity or actions of the participants and third party researchers, and ParticipAid requests that you exercise caution and good judgment when using the Services. You hereby agree that your use of the Services is at your sole risk.

18.20. By using the Services you agree that ParticipAid is not responsible for your safety, comfort, or for any other liability with regard to your use of the Services. ParticipAid, at its own discretion, may take steps to check its third party researchers’ backgrounds, history, or other matters related thereto. However, ParticipAid makes no representation or warranty, either express or implied, that any such check has been carried out or that any information provided to it is true or correct or not misleading, and makes no assurance or guarantee as to the safety of a study, the reliability of a third party researcher or for anything else, and ParticipAid expressly disclaims all warranties as to any third party researchers and participants. Responsibility for the decisions you make regarding accepting Services rest solely with you. It is each participant’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the Services. ParticipAid requests that participants exercise caution and good judgment when using the Services. PARTICIPANTS AND THIRD PARTY RESEARCHERS USE THE SERVICES AT THEIR OWN RISK.

18.21. ParticipAid is not responsible for any damages (including personal injury, death, property damage, lost time or wages, and the like) resulting from or related to a research study facilitated by the Services, or for resolving any disputes between you and another participant or researcher. You hereby agree that your use of the Services is at your sole risk.

18.22. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS (INCLUDING BOTH PARTICIPANTS AND RESEARCHERS). TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NO EVENT SHALL PARTICIPAID BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS CONTRACT, (2) ANY USE OF THE SERVICES BY THE PARTICIPANT, (3) ANY FAILURE OR DELAY OR (4) A THIRD PARTY RESEARCHER’S ACTS OR OMISSIONS WHETHER RELATED TO A RESEARCH STUDY OR OTHERWISE.

18.23. PARTICIPAID EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED IN RESPECT OF THE MEMBER SERVICES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO THE INFORMATION PROVIDED ABOUT THIRD PARTY RESEARCHERS AND THE ACTS OR OMISSIONS OF THIRD PARTY RESEARCHERS.

18.24. YOU UNDERSTAND THAT BY PARTICIPATING IN THIRD PARTY RESEARCHER’S STUDIES, YOU MAY BE EXPOSED TO RISKS THAT ARE POTENTIALLY DANGEROUS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

18.25. PARTICIPAID DOES NOT CONDUCT OR PARTICIPATE IN THE STUDIES RENDERED BY THIRD PARTY RESEARCHERS. PARTICIPAID DOES NOT AND CANNOT GUARANTEE THAT A PARTICULAR THIRD PARTY RESEARCHER IS ADEQUATELY QUALIFIED TO PERFORM ANY GIVEN STUDY.

18.26. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18.27. You and ParticipAid understand and agree that the disclaimers, exclusions, and limitations set forth herein are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that ParticipAid would be unable to make the Services available to you except on these Terms and agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

18.28. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of information that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (vii) any and all claims or damages (alleged or actual) that arise as a result of your use of ParticipAid or the Services.

18.29. We reserve the right to disclose information to law enforcement authorities in our sole discretion.

18.30. This section does not affect your statutory rights as a consumer.

19. Force Majeure

19.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any acts, events, omissions, failures or accidents that are outside of our control, which, without limitation, include:

➢    Strikes, lock-outs or other industrial action.

➢    Shortages of labour, fuel, power, raw materials.

➢    Late, defective performance or non-performance by suppliers.

➢    Private or public telecommunication, computer network failures or breakdown of equipment.

➢    Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of or preparation for war.

➢    Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.

➢    Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

➢    Acts, decrees, legislation, regulations or restrictions of any government.

➢    Other causes, beyond our reasonable control.

19.2. Our performance will be deemed to be suspended for the period that the event of force majeure continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to minimise any delay caused by force majeure or to find a solution by which our obligations may be performed despite the force majeure event. We shall promptly notify you of any force majeure event giving details of it and (where possible) the extent and likely duration of any delay.

20. Privacy Policy

20.1. You agree that all information provided by you will be handled according to our Privacy Policy.

21. Third Party Rights

21.1. Except as otherwise set forth in these Terms and Conditions, these Terms and Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.

22. General

22.1. Neither party shall act or describe itself as the agent, employee or partner of the other, nor shall it make any commitments on the other's behalf, and nothing in these Terms is intended to create any agency, partnership or employment relationship. No failure to enforce a right by either party shall constitute a waiver under these Terms.

22.2. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms and Conditions, but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms and Conditions. These Terms and Conditions constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms and Conditions, the words “including” and “include” mean “including, but not limited to.”

22.3. These Terms and Conditions, together with the Privacy Policy and any amendments and any documents incorporated by reference herein and any additional agreements you may enter into with ParticipAid in connection with the Services, shall constitute the entire agreement between you and ParticipAid concerning the Services.

22.4. Except as expressly set out in these Terms and Conditions, nothing in these Terms and Conditions shall confer on any third party any benefit or the right to enforce any provision of these Terms and Conditions.

22.5. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

22.6. All prices and descriptions supersede all previous publications. All product descriptions are approximate.

22.7. We do not guarantee that information regarding services, advice and content on our Services is up to date, or that content will always be available.

22.8. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

22.9. No waiver by us of any of these Conditions or of any other term of a contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

22.10. Any contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time and without notice during the term of the Contract.