Considering that this project is run by a “natural person” and the nature of the work of the project is at this time “in the course of a purely personal or household activity” then it is explicitly not covered by the GDPR in Article 2. See: “Material Scope” Paragraph (2c). However, student projects do progress at times into start-ups, and hence, we have some legal stuff below for you to enjoy, if you have overstocked on coffee and can't sleep.
Terms and Conditions of Use.
Welcome to Pushback.online. The www.pushback.online website (the "Website"), and if produced, the intended Pushback.online mobile application(s) to be available on the Apple AppStore and Google Play e-stores (the “App”), are owned, operated and provided by Pushback.online, a computer science student's software engineering project, which may in due course be registered as a company (referred to as "Pushback.online", “we”, “our” or “us”).
Use of the Website and App including survey pages and content to which you may be directed (together the "Pushback.online WebPages"), and membership of the intended consumer research panel to be set up and administered by Pushback.online (the "Pushback.online Members' Area") and participation in any Pushback.online research activities as described in our Privacy and Cookies Policy ("Pushback.online Activities") is governed by these terms and conditions of use (the "Terms").
Pushback.online operates out of the United Kingdom of Great Britain and Northern Ireland, and at this time has no group companies located in other countries for which different terms apply.
1. Acknowledgement and acceptance
1.1. By ticking 'I agree' during the process to register your participation as a member of a Pushback.online Members' Area ("Member"), or by participating in a Pushback.online Activity or by simply accessing and using the Pushback.online WebPages, you agree to be bound by these Terms. Should you not wish to accept these Terms, you must exit the Pushback.online WebPages immediately and/or or cease participation in the Pushback.online Members' Area or Pushback.online Activities.
1.2. Pushback.online reserves the right from time to time, to modify or amend these Terms or any part of them. You will be informed in advance of any changes in good time before they become effective and such changes will never vary your entitlement to points for surveys you have already completed prior to the effective date of the changes. Your continued use of the Pushback.online WebPages or continued participation in the Pushback.online Members' Area or the Pushback.online Activities once the changes take effect shall constitute an affirmative acknowledgement of any modification and your continued agreement to be bound by the modified Terms.
2. Terms of participation
2.1. Pushback.online Registration Process for Pushback.online Website Member
2.1.1. To become a Member and to participate in a Pushback.online Members' Area, you need to register with Pushback.online and create a Website Memberhip Profile following the registration process set out below (the "Pushback.online Registration Process").
2.1.2. Prospective Members must complete a Pushback.online registration form each time they wish to join a Pushback.online Members' Area. Registration forms include:
184.108.40.206. The form available on the Website and App, but may also include registration forms hosted on third party websites;
220.127.116.11. Registration forms hosted by Pushback.online and accessed via third party websites; and
18.104.22.168. Registration forms accessed via links in an email sent to you by a third party or by Pushback.online where you have granted permission to receive such emails from these sources.
2.1.4. During each Pushback.online Registration Process prospective Members will be notified of any terms in addition to these Terms which shall apply to membership of the respective Pushback.online Members' Area.
2.1.5. You have to be 16 years or older to join the Pushback.online Members' Area.
2.2. Information you provide to us
2.2.1. In return for Pushback.online granting you access to the Pushback.online WebPages and/or the ability to participate in a Pushback.online Members' Area or Pushback.online Activity, you agree to:
22.214.171.124. Provide true, accurate, current and complete information about yourself as prompted by the Pushback.online Registration Process;
126.96.36.199. Maintain and promptly update your personal membership details including the Website Memberhip Profile (defined below) so as to keep it true, accurate, current and complete; and
188.8.131.52. Provide true, accurate, current and complete information about yourself as prompted by Pushback.online whilst participating in a Pushback.online Members' Area or Pushback.online Activity.
2.2.2. If you provide any information that is untrue, inaccurate, not current, incomplete or inconsistent with prior answers to identical questions, or Pushback.online has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pushback.online has the right to suspend or terminate your current access to, use of, and/or participation in the Pushback.online Members' Area or Pushback.online Activities. For example, if in Pushback.online’s reasonable judgement your participation in Pushback.online Activities persistently indicates a location of residence different to the one you provided during the Pushback.online Registration Process, we reserve the right to suspend or terminate your membership or your participation in the Pushback.online Members' Area. This is subject to your right to refuse to answer any Panels or Pushback.online survey or information request.
2.3. Your Website Memberhip Profile and Pushback.online Account
2.3.1. Once they have completed the Pushback.online Members' Area Registration Process, Members will be provided with a profile ("Website Memberhip Profile") and an account ("Pushback.online Account") for the Pushback.online Members' Area and those Pushback.online Activities for which Points (as defined below) is awarded.
2.3.2. Only one Website Memberhip Profile is permitted per Member for the Pushback.online Members' Area and only one Pushback.online Account is permitted per Member for the Pushback.online Members' Area for which Points may be awarded. Any Member found to have multiple Website Memberhip Profiles and/or Pushback.online Accounts may have their primary and any secondary Website Memberhip Profiles and/or Pushback.online Accounts deleted. Points earned via secondary Pushback.online Accounts will not be transferred. Pushback.online will demand proof of identity in the event of a dispute.
2.3.3. A unique email address must be used by each Member. (For example, this means that family members may not each have an account using a shared email address but must each have a separate account with a separate email address.)
2.3.4. Each Website Memberhip Profile and Pushback.online Account must only be accessed by an individual Member, and may not be accessed by any other individual without the express permission and authorisation of pushback.online. You agree to notify Pushback.online immediately you become aware of, or suspect any unauthorised use of your login information, Website Memberhip Profile and/or Pushback.online Account, or any other breach of security.
2.3.5. In the event of access to your Pushback.online Account by another individual, Pushback.online reserves the right to suspend your and/or that other individual’s account until a resolution has been reached. Pushback.online reserves the right to reclaim any Points or other incentive earned by access of the unauthorised user.
2.3.6. Members may earn points for their Pushback.online Account ("Points") in the prescribed manner detailed on the Pushback.online WebPages, including for completing the Pushback.online Registration Process and for participating in the Pushback.online Members' Area and related Pushback.online Activities for which Points are awarded. The amount of Points that can be earned for participation in a Pushback.online Members' Area or related Pushback.online Activity will be notified to Members via authorised communications.
2.3.7. Unless otherwise specifically notified, Points can only be earned through following all and any instructions regarding earning Points. A Member's failure to correctly follow any required instructions or procedures may result in no Points being earned.
2.3.8. Points earned will be recorded in your Pushback.online Account, however no Points earned are ever available for redemption until the Member has (subject to paragraph 2.3.9 below) reached the specified fulfilment level advertised, together with details of the applicable reward(s) available, in the Account section of the Website.. If Pushback.online has suspended or terminated your Pushback.online Account for any of the reasons outlined in these Terms no Points that you have earned can be redeemed.
2.3.9. Pushback.online reserves the right to change the range of Pushback.online Activities and the Pushback.online Members' Area or related Pushback.online Activities for which Members may be eligible for Points and to vary the frequency of invitation to such activities. Pushback.online also reserves the right to alter the level of Points required before such Points can be redeemed.
2.3.10. Points may not be transferred to other Pushback.online Accounts nor pooled together in any manner and the sale or barter of Points is strictly prohibited. Points have no monetary value, and cannot be used for any purpose other than redeeming the designated reward.
2.3.11. Pushback.online may from time to time adjust a Member's Pushback.online Account upwards or downwards in response to errors which Members acknowledge may arise or suspected fraud, for which we have full authority.
2.3.12. Pushback.online reserves the right to terminate any Pushback.online Account that has been dormant for a period of 12 months or more. By ‘dormant’ we mean, where the Member has not participated in the Pushback.online Members' Area or any related Pushback.online Activity within the preceding 12 month period. Pushback.online will attempt to contact the Member, via their nominated email address, if their Pushback.online Account is at risk of termination through inactivity. In the absence of a satisfactory response, the Pushback.online Account will be terminated, and any unused Points will be forfeited.
2.4. Survey invitations
2.4.1. You acknowledge that:
184.108.40.206 if you register to the Pushback.online Members' Area, it is integral to your participation that we are able to send you emails and notifications inviting you to participate in surveys for research projects, whether via the Website or App or in person; and
220.127.116.11 if you wish to stop receiving such emails and notifications, you may terminate your membership in accordance with paragraph 6.1 of these Terms.
3. Prize polls
3.1. Pushback.online may ask you to participate in Pushback.online Activities which will enter you into a prize draw or may permit you to use your Points to enter into a prize draw. Such draws will be governed by the respective terms and conditions specified and displayed for each prize draw.
4. Referral Links
4.1. You may be able to earn extra Points by referring friends and family to the Pushback.online Members' Area, provided they join using a unique link that we provide to you for making referrals (“Referral Link”). The conditions attached to the awarding of such extra Points are explained in the Account section of the Website and App. When referring new Website Member, you agree to not pose as or claim to represent Pushback.online and you will not attempt to mislead or deceive prospective Members into using your Referral Link to join. You agree to make clear to any prospective Members you refer that they will be using your unique Referral Link and that you will receive Points if they join the Pushback.online Members' Area via your Referral Link.
5. User Content
5.1. Use of the Pushback.online WebPages and participation in Pushback.online Activities or the Pushback.online Members' Area may involve you submitting survey responses and other content, such as demographical, geographical, or other data, to us ("User Content") which may be visible to other users of the Pushback.online WebPages.
5.2. You acknowledge that User Content provided by you is your sole responsibility. This means that you, and not Pushback.online, are entirely responsible for all User Content you upload, post, link to, email or otherwise transmit via your use of the Pushback.online WebPages or your participation in any of the Pushback.online Activities or the Pushback.online Members' Area.
5.3. Pushback.online does not control or pre-screen the User Content posted on the Pushback.online WebPages and does not guarantee the accuracy, integrity or quality of such User Content, and therefore assumes no liability in respect of the User Content.
5.4. You understand that by using the Pushback.online WebPages, you may be exposed to User Content, and you agree that you must evaluate, and bear, all risks associated with the use of any User Content, including any reliance on its accuracy, completeness, or usefulness. Notwithstanding the foregoing Pushback.online shall have the right in their sole discretion to refuse, edit, move or remove any such User Content, whether or not that content violates these Terms.
5.5. With respect to all User Content you elect to transmit to us (including User Content you post on the Pushback.online WebPages), you grant the student project Pushback.online, and any organisation, such as a limited company, that may be established to represent itself, or any organisation by which it will be absorbed, acquired, purchased, or affiliated with, a royalty-free, perpetual, irrevocable, non-exclusive licence (with the right to sublicense) to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, exploit, perform and display such User Content (in whole or part) throughout the world and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purposes.
5.6. In the course of using the Pushback.online WebPages and/or participating in Pushback.online Activities or the Pushback.online Members' Area, you agree not to:
5.6.1. Upload, post, link to, email or otherwise transmit any information that is unlawful in any way in the United Kingdom, or in the country in which you reside;
5.6.2 Upload, post, link to, email or otherwise transmit any information that is abusive, defamatory, threatening, harassing, obscene, discriminatory, likely to cause distress, intended to incite hatred or is otherwise objectionable as determined by us in our sole discretion;
5.6.3. Impersonate any person (whether living or dead) or entity;
5.6.4. Forge headers or otherwise manipulate identities in order to disguise the origin of any content transmitted through the Pushback.online WebPages or provided through participation in Pushback.online Activities or the Pushback.online Members' Area;
5.6.5. Upload, post, link to, or otherwise transmit any information that you do not have a right to transmit;
5.6.6. Upload, post, link to, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "chain letters", "phishing emails", "pyramid schemes", or any other form of solicitation;
5.6.7. Upload, post, link to, email or otherwise transmit any material that contains software viruses or any other computer files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5.6.8. Collect or store personal data about other individuals; or
5.6.9. Attempt to submit more than one vote per survey or do any other act that may affect the validity of any result obtained through any Pushback.online Activity or the Pushback.online Members' Area.
6. Terminating your membership
6.1. If you no longer wish to be a Member please contact pushback.online. Pushback.online will terminate your account and cease to contact you within 7 days of receiving notice from you that you wish to terminate you membership. You therefore acknowledge and agree that if you terminate your membership you may receive emails from Pushback.online for a period of 7 days after the date of your notice. If you decide to terminate using the ‘Unsubscribe’ option on your Pushback.online Account page, you will retain any Points previously earned, you will cease to receive emails and notifications from Pushback.online and be unable to participate in the Pushback.online Members' Area or in any Pushback.online Activities unless and until you reactivate your Pushback.online Account. If you request the erasure of your Pushback.online Account you will forfeit all Points previously earned and be unable to reactivate your Pushback.online Account.
6.2. You agree that Pushback.online, in its sole discretion, may terminate or suspend your Pushback.online Membership, or participation in any Pushback.online Activities or the Pushback.online Members' Area, or remove or discard any User Content, for any reason, including, without limitation, for lack of use, or if Pushback.online believed that you have violated or acted inconsistently with the letter or spirit of these Terms.
6.3. You agree that Pushback.online may terminate your access to Pushback.online Activities or the Pushback.online Members' Area under any provision of these Terms without notice, and acknowledge and agree that Pushback.online may immediately deactivate your registration as a Member and/or bar access to Pushback.online Activities and the Pushback.online Members' Area. Further, you agree that Pushback.online shall not be liable to you or any third-party for any termination of your access to the Pushback.online Activities or the Pushback.online Members' Area.
6.4. Pushback.online reserves the right to terminate the Pushback.online Members' Area, or Pushback.online WebPages at any time. In such a case and unless specified otherwise, no Pushback.online Account Points will be redeemable by any Members.
7. Your obligation to reimburse us
7.1. You hereby agree to fully reimburse Pushback.online and its directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) each of them suffers or incurs resulting in any way from your use of the Pushback.online WebPages, the provision of User Content or your participation in the Pushback.online Activities or the Pushback.online Members' Area or resulting from any breach of these Terms whether such breach is carried out by you or by any other person through your Website Memberhip Profile or Pushback.online Account as a result of your negligence.
8. Third party websites
8.1. Links included within the Pushback.online WebPages may let you leave the Pushback.online WebPages and enter into other website(s) ("Linked Site(s)"). The Linked Sites are not under the control of Pushback.online and Pushback.online is not responsible and nor shall it be liable for the contents of any Linked Sites or any links contained in a linked site or any changes or updates to such sites. Pushback.online is not responsible for webcasting or any other form of transmission received from any Linked Site. Pushback.online is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by Pushback.online of the site or any association with their operators.
9. Intellectual property
9.1. The Website and App and all pages and content within the Pushback.online WebPages, including, but not limited to, text, graphics, audio, video, photographs, software, inventions, surveys, logos or other materials (“Materials”) are the intellectual property of, or are authorised for use by, Pushback.online and its licensors, business partners and affiliates, including all trademarks, service marks, copyrights, patents, database rights and trade secrets contained therein. The compilation, organisation and display of the content as well as all software and inventions used on and in connection with the Pushback.online WebPages are the exclusive property of pushback.online. Except as expressly permitted in these Terms, you may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, distribute or use in any way content available on the Website or App without the prior written consent of pushback.online.
10. Other important terms
10.1. Notices relating to these Terms. All notices given by Pushback.online to Members will be sent to their designated email address provided by them during the Pushback.online Registration Process.
10.2 If a court finds part of these Terms illegal or otherwise invalid, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.3 Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any agreement between us. We and you will be legally bound by these Terms.
10.4 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, our inability or delay in performing our obligations will not be deemed to be in breach of these Terms. Examples of such events and circumstances include fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
10.5 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
10.6 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end your membership within 14 days of us telling you about the transfer.
10.7 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
10.8 Nobody else has any rights under these Terms. The agreement made under these Terms is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the agreement between us or to make any changes to these Terms.
10.9 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. Any agreement between us will be concluded in English.
10.10 Even if we delay in enforcing a Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.11 The laws that apply to these Terms and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of them in the English courts. If you live in Scotland you can bring legal proceedings in respect of them in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of them in either the Northern Irish or the English courts.
Effective: 23 May 2018