Terms of use and membership
Welcome to Esprimi.eu. These Terms of Use and Membership (‘The Terms’) relate to the website https://community.esprimi.eu/ and/or any sub-website and/or associated domains (and/or sub-domains) of https://community.esprimi.eu/ (hereinafter referred to as “Esprimi.eu” and/or “this Site” interchangeably).
1. General Notice
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THIS SITE AND/OR ANY OF OUR SERVICES (AS DEFINED BELOW) YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY, OUR COPYRIGHT NOTICE AND ALL TERMS INCORPORATED BY REFERENCE.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE AND/OR ANY OF OUR SERVICES.
2. Definitions
“We”/”Us”/”Our”/”Esprimi” means Business Leaders (Malta) Limited (C 57403) having its registered office at Business Leaders Hub, 160, Mdina Road, Zebbug, ZBG 9015, Malta
“You”/”Your”/”Yourself”/”User” means any user of this Site and/or any customer of the ‘Services’ (as defined hereunder);
“Intellectual Property Rights” means all vested, existent, contingent and future rights of copyright and all rights in the nature of copyright and all accrued rights of action and all other rights of whatever nature whether registered or unregistered, including but not limited to trademark, service mark, domain names, know-how, design and patent rights and all other similar proprietary rights which may be held or owned by individuals, companies, corporations or other entities whether now known or in the future created to by virtue of or pursuant to any of the applicable laws in force;
“Services” means any services offered (and explained) by Esprimi on this Site including but not limited to registering as a member of the Esprimi community or to any other Esprimi services, participating in any survey or study provided or hosted by Esprimi (each, a "Survey" and collectively "Surveys"), participating in the Esprimi Points membership program ("Points" or "Esprimi Points"), or exchanging points via Our incentives scheme with cash or gift vouchers (“Rewards”);
Esprimi reserves the right, at its sole discretion, to revise and amend these Terms and/or the Services from time to time to reflect changes in market conditions affecting Our business, changes in payment methods, changes in technology, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities or for any other reason in Our sole discretion which We may decide. Your continued access to or use of the Site and/or the Services constitutes Your acceptance of any such change and/or amendment. You waive any right You may have to receive specific notice of such change and/or amendment. We strongly encourage You to review these Terms on a regular basis and to ensure that You are familiar with any such change and/or amendment. Provided You comply with these Terms, Esprimi grants You a personal, non-exclusive, non-transferable and limited privilege to access and use this Site.
Without prejudice to anything else contained in these Terms, if You are using the Site and/or the Services on behalf of any entity, You represent and warrant that You are fully authorized to accept these Terms on behalf of any such entity, and that such entity agrees to indemnify You and Esprimi for any violation(s) of these Terms.
If You are using the Site or the Services (including registration thereto) for and/or on behalf of minors, You represent and warrant that You are fully authorized to accept these Terms on such minor’s behalf and agree to be wholly responsible for any and/or all actions carried out by the said minor(s). In addition to anything else contained in these Terms, You hereby agree to hold Us harmless and relieve Us from any and/or all liability whatsoever arising from (or in any way related to) the use of the Site and/or the Services by any such minor(s).
3 Eligibility
Membership in the Esprimi community is free and is open to natural persons (not
juridical entities of any kind) resident in Malta.
Each user shall be allowed to have one non-transferable account with Esprimi.eu.
You may not use the Services and Your acceptance of these Terms will be deemed void
if:
(a) You are not of legal age (i.e. eighteen [18] years of age) to form a binding contract between Yourself and Esprimi; or
(b) You (at any time) provide registration information or other requested information that is false or inaccurate; or
(c) You are a person barred from receiving the Services under the laws of the Republic of Malta or any other applicable legislation.
4 Services
Subject to Your full compliance with these Terms and Our Privacy Policy and all applicable laws, We will offer You the Services (as defined above). These Services may be either free of charge or as otherwise specified. We provide the Site and Our Services on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site.
To the maximum extent permitted by law, We expressly exclude:
(a) all conditions, warranties and other terms that might otherwise be implied by law into these Terms; and
(b) any and all liability to You, whether arising under these Terms or otherwise in connection with Your use of the Site.
The foregoing is a comprehensive limitation of liability (in addition to and not instead of what is stated below) that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Notwithstanding the foregoing, nothing in these Terms is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause (and/or these Terms) are intended to limit any rights You may have as a consumer under local law or other statutory rights which may not be excluded (including but not limited to cancellation rights), nor in any way to exclude or limit (site owner) liability to You for death or personal injury resulting from Our negligence or that of Our employees or agents.
5 Registration and Passwords
While You may access this Site without registering for membership in the Esprimi community, in order for an account to be established in Your name and any Points properly credited to Your account, You must complete the provided online registration form.
To open a membership account, You must provide Esprimi with complete and valid contact information, including Your full legal name, home address, valid e-mail address, and all other requested information. Your account must have a unique and valid e-mail address and password.
You agree to provide only accurate, current and complete registration information and to keep that information updated in order to maintain its accuracy. Esprimi may terminate or suspend Your membership and may forfeit Your Points if You fail to provide or keep Your personal information accurate and complete.
You may use only one (1) password to open and access Your account, and You may not use another account holder's password or allow anyone else to use Your password, for any reason. You are solely responsible for the security of Your user name and password and any activity that occurs under Your membership account, whether authorized or unauthorized. Esprimi will not be responsible for any losses incurred through the use of Your password by a third party, except when unauthorized use is directly attributable to the gross negligence or fraud of Esprimi. You agree to immediately notify Esprimi of any unauthorized use or breach of Your member account.
Should You forget Your password, You may request a password reset by clicking on ‘Forgot Password’ and entering Your email address when prompted. An e-mail will then be sent to You at the e-mail address provided with instructions on how to reset Your password. This procedure assumes that the e-mail address provided by You when registering is valid (or the new one provided in the event of an update).
By joining as a member of the Esprimi community, You hereby agree to receive invitations to participate in Esprimi's Surveys and its third-party clients/partners’ surveys via e-mail. Esprimi does not guarantee that You will receive a certain minimum volume of invitations or any invitations at all. Your participation in any Survey and Your disclosure of any personally-identifiable information is completely voluntary.
6. Privacy Policy
To better understand how Esprimi collects, uses and shares Your personal information, please review our Privacy Policy, which is available here.
7. Relationship with Esprimi
You are responsible for providing any computer equipment and communications services necessary to connect to and access this Site. You agree that neither Your membership in the Esprimi community nor Your completion of any Surveys for Esprimi and its clients/partners create any agency, partnership or employment relationship, and that Your completion of Surveys is strictly as an independent contractor. You also agree that the Points or other rewards You may receive for completing Surveys are the only return You will receive for Your completion of Surveys and that no compensation of any kind will be due to You.
8. Links, Third Party Content, Websites and Services
The Site may contain third-party content (such as images, widgets, text and sound). We are not responsible for and do not endorse such content. Esprimi may also provide links to third-party websites and online resources as a convenience to You, and Esprimi's providing of any link does not render Esprimi responsible for or constitute an endorsement of such websites and online resources. You agree that Esprimi is not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, or for any other materials, products, or services of third parties.
Your use of third party content and/or websites and resources is at Your own risk and You explicitly hold Us harmless and relieve Us from any and/or all liability arising from Your use of such third-party content and/or access to third-party websites in any manner whatsoever.
You agree that You will not use any third-party materials in a manner that would
infringe or violate the rights of any other party and that Esprimi is not, in any
way, responsible for any such use by You.
In addition to the above and without prejudice to anything else contained in these
Terms, You hereby agree that Esprimi shall have no responsibility or liability whatsoever
regarding any third party services used by You on or through Esprimi’s Site
(including but not limited to third party applications), and any use of such third
party services shall be at Your own responsibility and liability.
We strongly urge You to familiarise Yourself with all the terms and conditions and/or privacy policies of any relevant third parties (including but not limited to the terms and conditions and privacy policies described at www.surveygizmo.com).
9. Member Code of Conduct:
Esprimi is an online community dedicated to making Your voice heard and allowing You to tell leading providers of products and services what You think. When You use and post content on or through the Esprimi Site or our community we ask and You hereby agree that You shall observe the following rules:
- Be courteous and respect the opinions of others and behave in a manner that supports a safe and comfortable environment for all members.
- Do not post any of the following:
- Material that advocates illegal activity or political, religious or ideological beliefs.
- Personal attacks or anything (including "jokes" that may be misconstrued) obscene, vulgar, illegal, harmful, insulting, threatening, abusive, harassing, defamatory, libellous, untrue, misleading or invasive of someone else's privacy.
- Advertising and solicitations - Do not use any community areas to buy or solicit for goods, services, or money, or to advertise or sell products or services to others. For example, do not post any advertising, referrals, promotional materials, junk mail, "spam", chain letters, pyramid schemes or any other form of solicitation.
- Any content that infringes any patent, copyright, trademark, trade secret or other Intellectual Property Right of another.
- Any statement that expresses or implies that any actions You take are in any way endorsed by Esprimi or any of our clients.
- Do not take any Survey other than in good faith, such as providing false answers or speeding through a survey or answering each question the same way. Esprimi reserves the right to withhold awarding Points to You if, in Esprimi's reasonable view, Your Survey responses are untruthful or not well considered.
- Do not access or use any part of the Site for anything other than Your personal, non-commercial use.
- Do not access or use any part of the Site in any way that may violate any applicable provincial, federal, or international law, regulation, or other governmental requirement and/or regulation, treaty or tariff.
- Do not resell, barter, trade or otherwise attempt to generate income by providing access to Your Esprimi Points to others.
- Do not impersonate any individual or entity, including, without limitation, an Esprimi employee, agent or client, or other Esprimi members or otherwise misrepresent Your affiliation with any person or entity, including by "framing" any portion of this Site to make it look like You have a relationship with us or that we have endorsed You for any purpose.
- Do not publish or make reference in any media to any Survey or Site content without our prior written permission.
- Do not collect or store any personal information about other members.
- Do not attempt to access any service or area of the Site that You are not authorized to access.
- Do not use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data.
- Do not send to or otherwise impact us or this Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact this Site or any recipient or take any action, such as a denial of service attack, that might impose a significant burden on this Site's infrastructure or interfere with the ordinary operation of this Site.
- Do not re-post on the Site any statements You receive from the Esprimi help desk.
- Do not communicate with the Esprimi help desk in a manner which is obscene, vulgar, harmful, insulting, threatening, abusive, harassing, defamatory, libellous, untrue or misleading.
- Do not engage in any other activity that We may reasonably deem improper or abusive.
- Do not do anything that may be contrary to any applicable law whatsoever.
Failure to comply with this Code of Conduct may result in termination of Your membership account and forfeiture of any Points You may have accumulated. In certain cases, Your conduct may also lead to criminal and/or civil liability for which You hereby agree to be solely responsible and to hold Esprimi completely harmless from any such liability whatsoever.
10. Confidentiality of Surveys
Esprimi’s clients may disclose confidential and/or proprietary information and materials to You as part of Surveys, and such information and materials shall remain the sole and exclusive property of its owner. This confidential information may include, but is not limited to, new product ideas or concepts, packaging concepts, advertising and movie or television concepts or trailers, and the text, visual images and sounds related thereto. By becoming a member, You agree that You will keep the contents and materials disclosed to You as part of all Surveys in which You participate confidential and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of completing the Survey. If You breach this obligation, in addition to forfeiture of Your Points and termination of Your account, You may be liable for monetary damages to Esprimi and/or our client for damages caused by the result of Your breach.
11. Member Content and License
Although it is very unlikely that the content You will post on or through this Site will be subject to any Intellectual Property Rights, You hereby give an exclusive, perpetual, unlimited, worldwide, royalty-free right to Esprimi to use for any purpose any content You submit on or through this Site, including the right to edit, copy, transmit, publish, display, modify, distribute, create derivative works from and develop such content and to transfer such content to any third parties. You, not Esprimi, will have sole responsibility and liability for all content You use, upload, post or submit on or through the Site, including on our message boards and in any Survey in which You participate, including the obligation to obtain any necessary approvals and authorizations required to post such content.
To the fullest extent permissible by law, You hereby waive any and all moral rights which You may have now or in the future in any of the content You post on or through this Site.
12. Esprimi Points
- What are Points?
Esprimi values our members’ opinions, and to show our appreciation, Esprimi offers incentives in the form of credits called “Points,” which are credited to Your account maintained by Esprimi. Points are redeemable for cash, and/or prizes (“Rewards”) subject to the terms below.
- Earning Points
Points will be credited to Your account only through Your participation in activities authorised by Esprimi, which include, but are not limited to, registration as a community member, completion of demographic profiles and completion of qualitative or quantitative marketing research activities performed by Esprimi, and only in accordance with the specific incentive offer disclosed for each activity. Specifically, You may earn points as follows:
- Community members earn 500 welcome points when they register.
- Survey Completion: Earn Points for each survey You qualify for and complete. Points awarded vary by Survey.
Esprimi will maintain a record of the Points credited to and debited from Your account and allow You to check the status of Your account online by logging in and checking the "Points" tab. Although Esprimi makes every effort to ensure that accounts are credited correctly, it is Your responsibility to verify that Your Points have been credited properly. If You feel the incentive amounts credited to Your account are incorrect, You must contact Esprimi by email within sixty (60) days following our alleged error and explain in full the basis of Your dispute, attaching any relevant information which offers evidence of the discrepancy. Upon receipt of Your notice, we will investigate Your claim and notify You of our decision to adjust or maintain the amount of Points credited to Your account, as we deem appropriate, within thirty (30) days. If we need additional time to decide Your claim, we will notify You and will endeavour to render a decision as soon as reasonably practicable. Any decision by us with regard to such a claim will be final.
- Redeeming Points
You can spend Your Points at any time by going to the “Rewards” tab on the main page. Points are awarded for survey completion, personal profile surveys, and other participation on this Site. Points automatically convert to cash values whenever You request a payment or voucher.
If You request a payment, this will be effected by Us within reasonable time from Your request and by way of any legally permissible payment method in Malta.
If You request a voucher payment, Esprimi will e-mail You an electronic voucher within four (4) weeks of Your request. Please make sure that we have Your correct e-mail address to avoid any delays in delivery.
All rewards are void where prohibited by applicable laws or regulations and are subject to change as may be necessary to comply with such laws or regulations.
- Vouchers
When You redeem Your Points, Esprimi will send an electronic voucher (to be used within a limited network of service providers or for a limited range of goods and/or services) to the email address You provided to us in Your online registration form. Esprimi will only mail one voucher which will have a unique code (one-time use). If You do not receive the voucher You must request resending of a missing voucher within a time limit of two (2) months from when the voucher was first ordered via e-mail to info@esprimi.eu Please quote Your membership number (this can be found in Your account overview panel on the left hand side) in Your email. Esprimi will not process any orders made after this two (2) month time limit.
- Expiration of Points
When Points are credited to Your account they will remain valid for eighteen (18) months from the date they are earned. If after this period the Points have not been used, they will automatically expire and be deleted from Your account. This deduction will always occur towards the end of the month, usually on the 28th day. For example, if You earned Points on 15 March 2014, they will be removed from Your account on 28 September 2015, if they are still in Your account. Points cannot be redeemed after the expiration date.
In addition, all of Your Points will immediately expire and be forfeited in the event that You cancel Your account at Esprimi or if Your account becomes "inactive." To be an active member means that You have joined Esprimi and participated in a Survey or other activity on this Site within 12 months from Your initial registration or within the preceding 12 months. Esprimi will not provide You with any notice of the cancellation and forfeiture of any of Your Points. Esprimi reserves the right to suspend these cancellation and forfeiture rules in its sole discretion.
13. Misconduct, Fraud and Correcting Account Errors
Esprimi retains the right to monitor all member activity within Esprimi Points. If required by law, if You have violated our Code of Conduct above, or in the event that Your account shows signs of fraud, abuse or suspicious activity, Your member account may be terminated and You may forfeit all accumulated Points. If You have conducted any fraudulent activity, Esprimi reserves the right to take any necessary legal action and may have grounds to confiscate any Rewards redeemed as a result of such activity. In addition, You may be liable for monetary losses to Esprimi, including litigation costs and damages, and You will not be allowed to participate in Surveys, Points scheme or Rewards scheme in the future.
If Your account does not accurately reflect Your Points balance, Esprimi reserves the right to correct such errors. If You have been awarded Points in error or You believe that Your member account has been the subject of suspicious activity, please contact Esprimi immediately. If it is determined that You have been the victim of fraud, the Points You have earned will be transferred to a new member account.
14. Transferability
Points or any rights therein may not be assigned, transferred and/or pledged to any third party. You have no property rights or other legal interests in any rewards Points granted pursuant to the Esprimi Points program.
15. Esprimi Points Program Duration & Changes to Rules
Any revisions may affect Your ability to use any Points You accumulate. If the Esprimi Points program is terminated or Your membership is terminated by Esprimi other than as a result of Your breach of these Terms, You will only have thirty (30) days from such termination date to redeem all of Your accumulated Points. If there is a modification to Esprimi Points, we will endeavour to notify You; however, Esprimi will not be responsible if You do not learn of the modification. The Rewards offered and Point levels required for specific rewards are subject to change without notice. All rewards are subject to availability.
16. Esprimi Intellectual Property
Without prejudice to anything else contained in these Terms the entire content of
this Site is the copyright of Esprimi and subject to the Intellectual Property Rights
of Esprimi with all rights reserved in terms of applicable law. Esprimi’s
copyright (and any other relevant Intellectual Property Rights) must remain on all
reproductions of material purchased, obtained or copied from this Site.
As used herein, "Content" means (without limitation) all text, design, graphics, images, sound files, animation, video, interfaces, software, code and the selection and arrangement thereof appearing or included from time to time on this Site. All Content on this Site is subject to Esprimi’s Intellectual Property Rights, contractual or other protection. The Intellectual Property Rights are owned by Us or our licensors. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms or with our express prior written consent. Modification or use of the materials for any other purpose may violate Intellectual Property Rights. No title to copies or to Intellectual Property Rights are transferred to users in any way unless done by way of separate, formal agreement in writing.
17. Disclaimer of Warranties
By utilizing the Esprimi Points program, You acknowledge and agree that Esprimi is not a bank or any other kind or form of financial institution and that "Points" credited to Your account are not actual cash deposits, do not earn interest, and are only account entries that entitle You to the amount of the credited Points if You redeem them in accordance with these Terms. You further agree that You may only redeem the amounts in
Your account in the manner and according to the procedures described in these Terms,
which we may amend from time to time. Esprimi is not responsible for the actions
of any third party, such as the issuers of any gift cards, vouchers or other rewards
redeemable for Points.
You expressly agree that Your use of this Site and the Esprimi Points program is
at Your sole risk. In addition to what was stated above, You agree that this Site,
all information on this Site, the services offered by this Site and their functionality,
and the Esprimi Points program are provided by Esprimi or its corporate parents
or affiliates, successors or assigns, suppliers or agents, "AS IS" and
"AS AVAILABLE." Esprimi is not responsible for typographical errors regardless
of source. In addition, Esprimi does not represent or warrant that the information
accessible on this Site is accurate, complete, or current. You hereby release Esprimi
and its affiliates and third party providers from all liability regarding the redemption
and use of any rewards, including any rewards that, after receipt, may be lost,
stolen or destroyed.
IN ADDITION TO WHAT WAS STATED ABOVE, ESPRIMI DISCLAIMS ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (a) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, AND OF ACCURACY OR COMPLETENESS OR PRIVACY OR SECURITY OF INFORMATION; AND (b) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER ANY APPLICALBE LAW, ESPRIMI FURTHER DISCLAIMS ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, FREEDOM FROM COMPUTER VIRUS, AND LACK OF NEGLIGENCE. ESPRIMI FURTHER MAKES NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE, OR AGAINST INFRINGEMENT.
18. Limitation of Liability
IN ADDITION TO WHAT WAS STATED ABOVE AND TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER ESPRIMI NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR GENERAL DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOSS OR IMPAIRMENT OF PRIVACY, SECURITY Of DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE AGREEMENT OR THIS SITE, EVEN IF ESPRIMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
IN NO EVENT SHALL THE LIABILITY OF ESPRIMI (IF ANY), ITS CORPORATE PARENTS OR AFFILIATES, SUCCESSORS OR ASSIGNS, SUPPLIERS OR AGENTS EXCEED THE ACTUAL RETAIL VALUE OF AN APPLICABLE REWARD AT ISSUE, OR IF A DISPUTE RELATES GENERALLY TO YOUR USE OF THE PROGRAM, TO THE FAIR MARKET RETAIL VALUE OF THE REWARDS WHICH YOUR UNUSED, UNEXPIRED, NON-CANCELED POINTS ARE CONVERTIBLE INTO.
19. Indemnification
You agree to indemnify and hold Esprimi, and its parent and affiliated companies, together with their officers, directors, owners, employees and agents harmless from any and all claims, losses, damages, suits, fines, levy's and costs (including reasonable attorney's fees and expert witness costs, including costs associated with in-house counsel), (collectively "Claims"), arising from or in any way related to Your use of this Site and any content You place on or through this Site, including Claims made by third parties. You agree that Esprimi has the unlimited right to defend any Claim and to settle any Claim without Your prior permission. You agree to provide Esprimi with all reasonable assistance in the defence of any Claim.
20. Cancelling Your Account
You may cancel Your account at any time by contacting Esprimi at info@esprimi.eu or by going to “Login Information” and selecting “Cancel Account” which can be found at the bottom left hand corner of the page, click on “Yes” when prompted and You will be logged out automatically. At that point Your account will be disabled and Your Points will be lost. Should You decide to re-activate Your account You will need to send an e-mail requesting an account re-activation via our contact form quoting Your membership number, someone from our support team will get in touch with You to assist You with account re-activation. Esprimi reserves the right to refuse account re-activation at its own discretion.
Your account will also be cancelled if You withdraw from the Esprimi panel. Immediately upon deletion or Your withdrawal from the Esprimi panel, Your account will be archived. You understand and agree that, as noted above, upon closing Your account, Your right to access the Esprimi Points program will cease and all Points credited to Your account at such time, however and whenever accumulated, will be forfeited. To the fullest extent permitted by law, Esprimi may terminate Your account at any time for any reason.
21. Notices
Notices to You: We may give You all notices that we are required to give by posting notice on this Site. You also agree that we may give notice by e-mail at our discretion, including notice of subpoenas or other legal process (if any). We may provide notice to any e-mail or other address that You provide during registration. You agree to keep Your address current and to check for notices posted on the Site.
Notices to Us: We receive many emails and not all employees are trained to deal with every kind of communication, so You agree to send us notice by mailing it to Business Leaders (Malta) Limited (Esprimi), Business Leaders Hub, 160, Mdina Road, Zebbug, ZBG 9015, Malta. Attn: Managing Director.
22. Entire Agreement; Miscellaneous.
These Terms, including items incorporated into them (including but not limited to the Privacy Policy), as well as any additional terms or conditions contained on the Site for particular activities, and disclosures provided by us and consents provided by You on the Site (collectively, the "Entire Agreement"), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches.
This Site is controlled by Us from our offices within Malta and due to the nature of the surveys in question (requiring knowledge of Maltese matters) is intended for users resident in Malta. If You choose to access this Site from locations outside the Republic of Malta, You understand that certain features on the Site and/or any of our Services may not be available to You. This notwithstanding, You must at all times comply with any and/or all applicable local legislation as well as these Terms.
23. Notice of Copyright Agent
Esprimi respects the Intellectual Property Rights of others and requests that You do the same. Anyone who believes that their work has been reproduced in this Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of the Managing Director in the following manner:
- by mail: Business Leaders (Malta) Limited (Esprimi), Business Leaders Hub, 160, Mdina Road, Zebbug, ZBG 9015, Malta.
- by email: info@esprimi.eu
24. Further Information
If You have a complaint or require any general information from Us, You may write to Us at Business Leaders (Malta) Limited (Esprimi), Business Leaders Hub, 160, Mdina Road, Zebbug, ZBG 9015, Malta.
For more information about our community and/or our community membership or if You have any questions or require further information about our Terms, our compliance with data protection laws or information we hold about You, please contact our Support Team. They can be contacted by Email at: info@esprimi.eu
Please quote Your membership number (this can be found in Your account overview panel on the left-hand side) in Your email.
Should You wish, You may also phone us using telephone number (+356) 21 354289 (during normal office hours).
These Terms were last updated on 29.08.2014.