Terms and Condition

Introduction

You have provided certain information about yourself for inclusion on the Crux Product Design Limited (“Crux”, “us”, or “we”) database (the “Crux Database”). By agreeing that your information can be included on the Crux Database, you give us the right to contact you via email, phone or any other communication method to invite you to participate in research studies that we believe match your profile (“Crux Research Session”). For the purposes of these terms and conditions “Research Studies” refers to any project conducted by (or on behalf of) Crux that involves participant data collection for research and development purposes.

By agreeing that your information can be included on the Crux Database, you agree to be bound and abide by the following terms and conditions, which are the terms on which we (i) hold your information; and (ii) govern your participation in the Crux Research Sessions (these “Terms of Use”), including the restrictions, disclaimers and limitations of liability contained in these Terms of Use. These Terms of Use are a binding legal agreement between you and Crux. If you do not agree to these Terms of Use, you are not permitted to, and will not, be able to participate in a Crux Research Session and your details will be removed from the Crux Database.

To the extent there is any conflict between these Terms of Use and any terms and conditions you enter into following your participation in a Crux Research Session being confirmed, those terms and conditions will prevail.

From time to time, we may update these Terms of Use by giving you at least 10 days’ notice in writing via email, provided that any variation required by applicable law will be effective immediately. If you do not accept the variation to these Terms of Use, you may, within 10 days of being notified, provide us with notice via email, that you wish to be removed from the Crux Database. The date at the top of these Terms of Use shall be the date on which any changes come into effect and no variation to these terms shall apply before the date shown. Any revised terms will be binding on you. It is up to you to revisit these Terms of Use in order to understand any revised terms. Your continued participation in Crux Research Sessions after the effective date of such changes, will tell us that you agree to those changes.

Your Details in the Database

You have provided contact and other personal information, and consent to it being stored and processed on the Crux Database. Under these Terms of Use you agree to provide accurate and current information about yourself. If any information you provide has changed, you agree to provide updated, accurate information when we contact you about a Crux Research Session. This information may include, but is not limited to, your name, email address, phone number, demographic, and other details relevant to the Research Study.


Multiple email addresses for the same individual are not permitted. Each participant must use their own personal email address and must have their own account, with the exception of minors, who may use their guardian’s email address, and multiple minors may use the same guardian’s email address.


Crux reserves the right to refuse or reject any request to sign a user up to the Crux Database for any or no reason, acting at Crux’s sole discretion.

Participation in Sessions and Conduct

Participation in the Crux Database does not guarantee that you will be invited to a Crux Research Session. It is at our discretion who we would like to invite to any Crux Research Session, and you are not confirmed to be part of any Crux Research Session until you receive a confirmation email from us with details of your Crux Research Session.

You agree that when you attend a Crux Research Session, you will not:

  • act or behave in a way that:
  • is unlawful, threatening, violent, abusive (in any way, whether verbally or physically), hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene.
  • may harm Crux, or any other person.
  • violates or infringes the rights of anyone else.
  • is disruptive to the Crux Research Session.
  • arrive to a Crux Research Session intoxicated in any way.
  • provide any information, which is later proved to be false or incorrect, or fail to inform us where any of the information provided has changed.
  • fail to attend 2 or more Crux Research Sessions. 
  • generally, act or behave in any other way that Crux deems to be inappropriate, (together the “Crux Standards”).

You acknowledge and agree that your failure to abide by the Crux Standards may result in your restriction in (i) participating in a Crux Research Session; (ii) in receiving an Incentive Payment, or the removal of your details from the Crux Database.

In addition you represent and warrant that:

  • you will not create multiple or false accounts on the Crux Database.
  • you will only provide true, accurate and complete information to Crux in the context of your participation in a Crux Research Session and to the extent any of this information changes following your confirmation to participate in a Crux Research Session, you will inform Crux in writing as soon as reasonably practicable.
  • you will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s user name, password or other account information or another person’s name, likeness, image or photograph.
  • you have all requisite rights and authority to sign up to the Crux Database and to enter into these Terms of Use.
  • the performance of your obligations under these Terms of Use will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between you and third parties.
  • you will abide by any confidentiality terms we ask you to enter into in conjunction with any Crux Research Session and will not permit any information breaches.

Remote Sessions

Crux Research Sessions involve both in-person and remote sessions. If you are participating in a remote session, you will need to ensure the following:

  • you have a strong connection to stable wifi.
  • you join the Crux Research Session on an appropriate device that allows you to participate in the Crux Research Session as required (for example, if we specifically request that you join via a particular device, such as a laptop, we expect you to join the session on that device).
  • you join the Crux Research Session in a quiet and confidential environment, with no distractions.
  • you join any pre-call arranged (for example, a technical pre-call to test cameras and speakers), where requested.
  • any materials provided to you in accordance with Clause 9 of these Terms of Use and any assistive technology or implements (such as reading glasses) that you might require, are bought with you and readily available during the Crux Research Session. 

      Failure to comply with any of the above, may hinder your ability to participate meaningfully in the Crux Research Session, which may result in you not receiving your Incentive Payment.

      In Person Sessions

      If you are participating in an in-person session, you will:

      • be responsible for planning your own journey and getting to the Crux Research Session in a timely manner. We shall try and provide details of the location in the email confirming participation in the Crux Research Session. Unless agreed otherwise in writing prior to the Crux Research Session, travel costs will not be reimbursed;
      • arrive 15 minutes before the Crux Research Session is due to begin and contact us where you are running late. If you arrive more than 15 minutes after the beginning of Crux Research Session, you may be prevented from joining the Crux Research Session;
      • bring photo-ID with you. Failing to bring photo-ID may prevent you from participating in the Crux Research Session;
      • bring a guardian, carer or adult over the age of 21 years with you, if you are under the age of 18 years. Where you are required or wish to bring a guardian or carer with you, we request that you inform us in advance so we can accommodate them as necessary. We are not able to provide childcare or minding services, so any person with childcare responsibilities participating in a Crux Research Session must make alternative arrangements;
      • bring along any devices/materials needed, particularly if this has been requested in the confirmation email;
      • bring any assistive technology or implements (such as reading glasses) that you might require in order to allow you to participate in the Crux Research Session.

          You acknowledge and agree that failing to comply with any of the above, may hinder your ability to participate meaningfully in the Crux Research Session, which may result in you not receiving your Incentive Payment. 

          Incentive Payments

          If you are invited to a Crux Research Session, in consideration of your participation, you may receive an incentive payment for your time and contribution (the “Incentive Payment”). The details of any Incentive Payments, including the amount and method of payment, will be provided at the time you are invited to participate in a Crux Research Session.

          In order to be eligible for any Incentive Payment you must:

          • adhere to all guidelines and protocols stipulated in the Crux Research Session; 
          • complete the designated tasks in the Crux Research Session in accordance with any terms and guidelines given to you at or prior to the Crux Research Session; 
          • provide accurate information during the Crux Research Session, which is not later proven to be false or incorrect;
          • not breach or violate these Terms of Use or any other guidelines or policies provided by Crux;
          • not arrive at the relevant Crux Research Session more than 15 minutes after the beginning of the session.

          Failure to attend the Crux Research Session, regardless of the reason, means you will not receive the Incentive Payment.

          We will aim to process and distribute Incentive Payments within 4 business days of completion of the last day of the Crux Research Session (including diary studies) that you attend, or such other time as may be specified in writing by Crux subject to verification of your participation in the Crux Research Session in accordance with these Terms of Use.

          Crux will not be accountable for any delays or problems with the transfer of the Incentive Payment after the Incentive Payment has been processed. This includes (but is not limited to) incorrect bank details being provided, incorrect email addresses, account restrictions in place, or any other issues with your banking provider which may prevent payment from being made.

          In respect of international payments, Crux will not be accountable for:

          • any charges or exchange rates incurred on international payments;
          • any delays due to international banks, after the payment is processed by Crux.

          Incentive Payments will be paid to the bank details you provide via the honorarium form or secure link provided by Crux. Failure to provide bank details at least 48 hours ahead of the relevant Crux Research Session, may result in delay or your forfeit of any cash Incentive Payment, and Crux reserves the right to issue you with an alternative Incentive Payment (for example, gift cards) in these circumstances. This will be sent to the correspondence email address we hold for you. All alternative methods of Incentive Payments distributed are final, and once sent cannot be withdrawn.  

          You are responsible for any tax obligations related to any Incentive Payments received.

          Cancellation of Sessions

          Crux reserves the right to cancel Crux Research Sessions.

          Crux reserves the right to cancel your participation in a Crux Research Session, even following confirmation of participation.

          If a Crux Research Session, or participation in such session, is cancelled within 24 hours before the Crux Research Session is due to commence, for whatever reason, you will be entitled to receive your Incentive Payment.

          If a Crux Research Session, or participation in such session, is cancelled with more than 24 hours’ notice, for whatever reason, Crux has full discretion as to whether you will be entitled to any Incentive Payment.

          Voluntary Participation

          Participation in any Crux Research Session is entirely voluntary. You are under no obligation to participate in any Crux Research Session, even if contacted by Crux.

          Subject to Clause 3.2(d), prior to the beginning of any Crux Research Session, you may withdraw your participation at any point, for any reason, although this will result in forfeiture of your Incentive Payment. We request that if you can no longer attend a Crux Research Session that you inform Crux as soon as possible, and where possible at least 24 hours prior to the start of the relevant Crux Research Session.

          Subject to Clause 3.2(d), following the commencement of the Crux Research Session you are attending, you may withdraw from the session at any point, for any reason, without penalty.

          Materials

          In some cases, study materials will be provided to you ahead of the Crux Research Session (“Study Materials”). If you are supplied with any Study Materials, these will need to returned to Crux following completion of the Crux Research Session, in accordance with any return instructions supplied with the Study Materials.

          Failure to return any Study Materials may result in the delay or forfeiture of any Incentive Payment due to you.

          You agree that you will not, and will not permit any third party to copy, duplicate, reproduce, modify, adapt, display, perform, publish, create derivative works from, sell, re-sell or exploit the Study Materials in anyway.

          Personal Data

          You acknowledge that we will collect and process your personal data in connection with the Research Studies in accordance with the Crux Privacy Policy (https://cruxproductdesign.com/privacy-policy/) and any specific Privacy Notice(s) for the Crux Research Session(s). If you are selected to participate in a Crux Research Session, you will be provided with a specific Privacy Notice relating to that Crux Research Session prior to taking part.

          Intellectual Property

          You acknowledge that any Intellectual Property Rights that arise out of the Research Studies and/or any Crux Research Session shall belong to us, and you hereby assign to us all right, title and interest you have in and to all such Intellectual Property Rights. For the purposes of this Clause 11, “Intellectual Property Rights” means all intellectual property, including patents, trade and service marks, trade names, brand names, logos, goodwill and the right to sue for passing off, rights in get up, internet domain names, web addresses, web pages, websites and related content, accounts with online content repositories and the content found on them and related to them, URLs, copyrights, moral rights, right in designs, rights in software, rights in databases, data collections and other confidential and proprietary information, rights in inventions, business and technical information, trade secrets and know-how, in all cases whether or not registered or registrable and including registrations and applications for registration of any of them (and rights to apply for those registrations and/or applications) and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which subsist or will subsist now or in the future anywhere in the world.

          Accessibility Needs

          If you have any accessibility needs, we will try and accommodate these as best as we can by making any reasonable adjustments. We will not be able to make adjustments which would fundamentally alter the nature of the Crux Research Session, or adjustments for accessibility needs we are not aware of. Please inform Crux of any accessibility needs at least 48 hours before the relevant Crux Research Session is due to commence.

          Limitation of Liability

          References to liability in this Clause 14 include every kind of liability arising under or in connection with these Terms of Use including but not limited to liability in contract, tort (including negligence) or otherwise.

          Nothing in this agreement limits any liability for:

          • death or personal injury caused by negligence.
          • fraud or fraudulent misrepresentation; or
          • any liability that cannot legally be limited.

          Subject to Clause 13.2, Crux shall not incur any liability for losses you suffer in connection with these Terms of Use where the loss:

          • is unexpected and was not obvious, and nothing you said to us in providing your personal details (or during correspondence) meant we should have expected it;
          • was caused by a delaying event outside our control, where we have taken the commercially reasonable steps to prevent the loss;
          • was avoidable, if you had taken reasonable action.

          Governing Law

          These Terms of Use are governed by English law and the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms of Use.

          Contact Us

          Any questions regarding these Terms of Use should be directed to takepart@cruxproductdesign.com.