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The XChange Views Customer Panel (the “Panel”) is operated by XC Trains Limited (“XC”, "we", "us" and “our”) a company registered in England and Wales (company number 04402048) with its registered office at 1 Admiral Way, Doxford International Business Park, Sunderland, SR3 3XP. By registering to become a member of the Panel (a “Member”) you agree to be bound by these terms and conditions. For the purpose of these terms and conditions “Panel Activity/Activities” means any market research activity in relation to the Panel and “Membership Account” means an account opened by a Member to take part in the Panel Activities.
By registering as a Member, you agree to be bound by these terms and conditions. If you do not agree with, or do not want to accept these terms and conditions, you must exit any web pages associated with the Panel (“Panel Web Pages”) immediately, stop taking part in any Panel Activities and unsubscribe from your Membership Account. We may make changes to these terms and conditions from time to time. Where we make changes to these terms and conditions, we will email you a link to the updated terms and conditions, and if you continue to retain your Membership Account, use any of the Panel Web Pages and/or take part in the Panel Activities, this will constitute your acceptance of these changes. Every time you wish to use the Panel Web Pages or to take part in any Panel Activities, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 14th August 2017.
The Panel is made up of our customers and our potential customers who have agreed on a voluntary basis to provide feedback to us. Members may be invited to take part in Panel Activities, depending on the type of research that is taking place. Members may not be invited to take part in every Panel Activity which is carried out. Members may be contacted by email, post or telephone to invite them to take part in Panel Activities. Members may opt out of email, postal and telephone contact by emailing XChangeViews@crosscountrytrains.co.uk confirming that you no longer wish to receive these communications, though this may restrict your participation in the Panel Activities.
By registering to become a Member of the Panel, you recognise that there is no guarantee that Panel Activities will be made available to you. We are under no obligation to provide you with the opportunity to participate in Panel Activities.
Taking part in particular Panel Activities may be subject to separate terms and conditions, which will be notified to you from time to time.
To become a Member and to participate in the Panel Activities, you need to register by completing a registration form and opening a Membership Account. The registration form may be available on the XC Trains Limited website or another website hosted by XC Trains Limited, and may be accessed via third party websites or via links in an email/social media message sent to you by us or a third party on our behalf, where you have granted permission to receive these types of communications. The registration form may include any number of questions or may just require your consent to join the Panel. You must be aged 16 years or over to be eligible to open a Membership Account, and Membership is not available to employees of XC (or their families), agents of XC or any third party directly associated with administration of the Panel and/or Panel Activities.
Only one Membership Account is allowed per individual. Where we become aware that a Member has multiple Membership Accounts, we reserve the right to delete any Membership Accounts which are additional to the first Membership Account opened by that Member (“additional Membership Accounts”). Any rewards or prize draw entries accrued in relation to additional Membership Accounts may be forfeited and we may demand reasonable proof of identity in the event of a dispute in relation to a Member’s identity. A unique email address must be used for each Membership Account (for example, this means that multiple family members will not be able to have Membership Accounts using the same shared email address, but each family member may have a separate Membership Account using a unique email address). Each Membership Account may only be accessed by the individual Member assigned to that Membership Account, and may not be accessed by any other individual. You agree to notify us as soon as possible if you become aware of, or suspect, any unauthorised use of your Membership Account or any other breach of security. In the event that your Membership Account is accessed by another individual, we reserve the right, where it is reasonable to do so, to freeze the Membership Account until a resolution has been reached. We reserve the right to reclaim any incentives or prize draw entries earned as a result of access by any unauthorised user, for which the Member will have no recourse against XC.
You agree to provide true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to, or use of, your Membership Account and/or to restrict you from taking part in Panel Activities. This is subject to your right to refuse to take part in any Panel Activity.
Members may accrue rewards by taking part in Panel Activities. Any reward accrued for taking part in a Panel Activity will be notified to Members using authorised communications. You acknowledge that registering to become a Member and taking part in Panel Activities does not guarantee that you will accrue rewards of any kind. Members will only be entitled to rewards in relation to Panel Activities where they have followed all instructions which have been notified to Members in relation to the particular Panel Activities. In the event that a Member fails to correctly follow any such instructions, XC may reserve the right to refuse to grant an award in relation to the relevant Panel Activities, for which the Member will have no recourse against XC. XC may also ask Members to take part in Panel Activities which will give Members the opportunity to enter into a prize draw. Any prize draws will be governed by separate terms and conditions as made available from time to time.
We may offer monetary rewards to Members for participating in Panel Activities, although we do not give any guarantee that Members will receive monetary awards. It is our understanding that the payment of monetary rewards to Members for taking part in Panel Activities is taxable income. Members are not our employees, and it is the sole responsibility of Members to report and pay all taxes due in respect of any income earned from taking part in Panel Activities to the relevant tax authorities. We will not be responsible for any taxation or related costs resulting from any payments made to Members, and Members will be fully responsible for any such taxation and any related costs.
By agreeing to join the Panel and participating in the Panel Activities, Members acknowledge that they are participating in market research and agree that XC can use any results of the Panel Activities, including information, ideas, responses and feedback provided by Members, in relation to the development and improvement of XC’s products and services. Any information provided will be used for market research purposes only, and not for sales or marketing. All responses provided by Members will be non-attributable and no individual responses will be identified without obtaining the relevant Member’s explicit prior consent. The Panel will be operated in accordance with the Market Research Society Code of Conduct, details of which are available here: https://www.mrs.org.uk/standards/code_of_conduct.
Personal data and any information provided during the Panel Activities will be processed in accordance with the Data Protection Act 1998. We may, on occasion, pass Member details including Personal Data (as defined by the Data Protection Act 1998) onto selected third parties who have been instructed to carry out research on our behalf. Any Personal Data transferred this way will be treated securely and in confidence at all times and will be used for market research purposes only. By agreeing to join the Panel and taking part in the Panel Activities, Members give permission for their Personal Data to be shared with third parties as set out in these terms and conditions.
Membership will continue unless Members ask to retire/unsubscribe from the Panel. Members can unsubscribe at any time by clicking on the unsubscribe link at the bottom of any e-mail received from us, or by emailing us at XChangeViews@crosscountrytrains.co.uk and confirming the unsubscribe request. We will honour any awards accrued by you up until the date you unsubscribe from the Panel. We will process any request to unsubscribe within 28 days of receipt, and you may receive communications via email, post or telephone from us until your request has been processed, unless you have opted out of these communications in accordance with condition 2 above.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our failure to comply or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
These terms and conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.