Respondent Terms & Conditions

Terms & Conditions

If you continue to browse and use this Website you are agreeing to comply with and be bound by the following terms and conditions of use (the “Terms and Conditions”), which together with Lightning Health’s privacy policy governs the relationship between you and Lightning Health in relation to, or in connection with, this Website and your use of this Website. Your use of this Website and any dispute arising out of such use is subject to the laws of England and Wales and the non-exclusive jurisdiction of the English courts.

The term “Lightning Health” or “us” or “we” or “our” refers to Lightning Health, the owner of this Website whose registered office is 12 Tentercroft Street, Lincoln, United Kingdom, LN5 7DB. The term “you” refers to the user or viewer of this Website or to any member who has registered or enrolled as a member with Lightning Health.

The following are the applicable Terms and Conditions:

I. Lightning Health’s services

1.Lightning Health offers individuals the ability to access this Website free of charge.

2. Lightning Health offers registered or invited individuals (“Respondent Members”) the opportunity to access the Accelerated Respondent Insight Platform and participate in Market Research surveys (“Surveys”).

3. Lightning Health offers registered or invited individuals (“Client Members”) the opportunity to develop Surveys, select a sample for Survey dissemination and receive anonymised insights from applicable Respondent Members.

II. Respondent Member’s obligations

1.By registering as a Respondent Member, each Respondent Member agrees not to provide false or misleading personal information, and, in particular, agrees not to register under a false identity. If you provide any information that is untrue, inaccurate, not current or incomplete, Lightning Health shall have the right to terminate your membership and may refuse any and all current or future access to, or use of this Website, including the immediate forfeiture of any accumulated honoraria, if any.

2. In order to access the Respondent Member portion of this Website, you will be required to set up a user name and password. You are responsible for the confidentiality and security of your user name and password. You agree to inform Lightning Health immediately in case of any unauthorised use of your user name or password.

3. By registering as a Respondent Member of this Website you are agreeing that Lightning Health may verify your registration information with a professional or similar credentialing agency or investigative service.  Lightning Health will use the results of such verification only for the purposes of accuracy and completeness of the information that you provide.  We will not disclose those results to any third party unless compelled by law or if we have a reason to believe that a Respondent Member has engaged in fraud in connection with his or her registration in the panel.  If we discover that a Respondent Member has engaged in fraud while participating in Surveys, we reserve the right to disclose the fraud to the appropriate legal authorities.

4. By registering as a Respondent Member, each Respondent Member confirms that they will not be violating any employment regulations from your employer.

5. You agree to the following:

Not to encourage or allow other unregistered individuals to participate in a Survey or Surveys using your access.  Doing so will be considered falsification and Lightning Health shall have the right to terminate your membership and may refuse any and all current or future access to, or use of this Website, including the immediate forfeiture of any accumulated honoraria, if any.
Not to take any action to manipulate the results of any Survey on or in connection with this Website.
Not to take any action to interfere with this Website or any other Respondent Members use of, and/or access to, this Website.
Not to frame portions of this Website in another website; not to alter the appearance of this Website; and not to establish links from any other website to any webpage on this Website, without the prior express written consent of Lightning Health.

III. Accountability for contents

1. Lightning Health expressly disclaims any and all responsibility, liability and accountability for any content or other material posted on this Website by any Respondent Member(s). You acknowledge and agree that you are solely liable, responsible, and accountable for any content or other material or information posted, published, entered, submitted, uploaded and/ or made available by you.

2. Lightning Health has made all reasonable efforts to ensure that the information on this Website is accurate at the time of inclusion; however, there may be inaccuracies and occasional errors for which Lightning Health apologises.

3. You acknowledge that you are strictly prohibited from posting or transmitting any information in response to a Survey that could lead to Client Members obtaining your personal information (including but not limited to your name, address, telephone number, email address), without the prior express written consent of Lightning Health.

4. You acknowledge and agree that you are strictly prohibited from posting or transmitting any threatening, libellous, defamatory, obscene, scandalous, or inflammatory content, material or information or any other content, material or information that could violate applicable laws.

5. You acknowledge and agree that you are solely responsible, liable, and accountable for the correctness of any content material and/or information posted, entered, submitted, uploaded, and/or made available by you. The publication of entries written by members does not constitute an endorsement by Lightning Health of any opinion or advice responsibility, liability and/or accountability for any opinions or advice published, entered, submitted, uploaded, and/or made available by you.

6. You hereby waive, release and discharge Lightning Health from any and all claims, damages, demands, liabilities, losses and/or costs and expenses, including without limitation reasonable attorney’s fee and court costs, arising out of, resulting from, related to, and/or in connection with any content, material and/or information posted, entered, submitted, uploaded, and/or made available by you. In the event of such claims, you agree to liabilities, losses, awards, judgments and/or cost and/or expenses, including without limitation reasonable attorney’s fee and/or court costs incurred by Lightning Health in defending against such claims.

7. Lightning Health reserves the absolute right to modify or delete any content material and/or information posted, published, entered, submitted, uploaded, and/or made available by any Respondent Member, on this Website.

IV. Participation in Surveys

1. Respondent Members who have signed up to participate in Surveys may be sent surveys invitations by e-mail.

2. Your participation in a Survey(s) is entirely voluntary.

3. You acknowledge and agree that you have no legal right to be invited by Lightning Health to participate in Surveys. You further acknowledge and agree that Lightning Health’s failure to issue an invite to you to participate in a Survey or Surveys shall not give rise to any cause of action against Lightning Health.

4. You acknowledge and agree that you will fill out and complete all Surveys for which you accept the invitation accurately to the best of your ability, and that you will not give any false or inappropriate answers. In the event that you fail to comply with the foregoing, Lightning Health may elect, in its sole discretion, to terminate your membership without notice.

5. Pursuant to local regulations, Respondent Members have a duty to report all Adverse Events to the local authorities in their country. All Adverse Events mentioned by a Respondent Member (“Reporter”) in a Survey will be reported by Lightning Health to the Client Member who commissioned the Survey. In these cases, Lightning Health may contact the Reporter in order to obtain consent for the release of the Reporter’s personally identifiable information to the Client Member who commissioned the Survey for the purpose of follow-up communication pertaining to the Adverse Event(s) mentioned. Reporters retain the right to deny such consent; however, Lightning Health will still be required to report the Adverse Event(s) to the Client Member for that Survey without the identity of the Reporter included.

6. Cancellation of participation is possible at all times. Furthermore, cancellation takes places automatically when your membership is terminated.

7. You may opt-out from further communication or participation at any time by following the unsubscribe procedures described in any communication and/or on this Website by contacting us at enquiries@lightning.health.

8. Failure to follow the procedures we have provided could delay the removal of your Personal Information. We will promptly process your request; however, there may be a gap between the time when we receive your request and the time when we are able to remove your Personal Information from all scheduled communications and lists. Therefore, you may receive emails after requesting to be removed from our lists before the request is fully processed; however, we will make every effort to act promptly.

V. Compensation for participation in surveys

1. In connection with invitations to participate in surveys or other market research activities made by Lightning Health, Lightning Health may offer incentives or honoraria (“Compensation”) to such participants. All Compensation is offered at the sole discretion of Lightning Health. Lightning Health hereby reserves the right to modify or change any terms and conditions connected with its incentive program; and/or to modify, change or remove any Compensation currently offered, with or without notice to you.

2. The type and estimated amount of Compensation offered for completion of a Survey will be included in the Survey invitation email. Lightning Health shall have no obligation to make any payments in excess of the stated amount

3. By accepting an invitation to participate in any Survey, you agree to completion and submission of the survey to Lightning Health within 72 hours of acceptance. If after 72 hours following acceptance the Survey has not been completed and submitted, or you have selected to discontinue the Survey, Lightning Health hereby reserves the right to withhold all Compensation associated with the applicable Survey.

4. Compensation for any individual question completed within submitted Surveys will only be received by you subject to your response for the applicable question being validated by a member of the Lightning Health staff as being fully and truthfully answered (howsoever defined).

5. You will receive notification via email on the final working day of each calendar month regarding the total Compensation offered for all Surveys completed during the applicable calendar month (hereinafter referred to as the “Compensation Slip”). Any questions or comments you may have regarding the Compensation slip should be made by the 10th day of the calendar month following receipt of the Compensation Slip.

6. Transfer of Compensation to you will be made by Lightning Health by BACS or PayPal by the 15th day of the calendar month following receipt of the Compensation Slip, in accordance with the payment details provided by you when registering as a Respondent Member.

7. In addition to the terms and conditions set forth in this Section, the offer of Compensation is subject to any additional terms and conditions contained in the applicable Survey invitation.

8. All Compensation offered to you is offered subject to your strict compliance with the Terms and Conditions.

9. Surveys may contain filter questions to determine whether a participant belongs to the target group for a given project. The Survey will automatically end if, after these filter questions are answered, it is determined that the participant does not belong to the requested or specified target group. Similarly, the Survey may end if a quota is reached for a particular target group. In each of these scenarios, a participant will only be entitled to Compensation if the applicable survey invitation specifically states that Compensation will be provided to participants who only complete the filter questions.

10. You may be required under the applicable laws of your country of residency, nationality and/or citizenship to pay taxes on the Compensation that you receive in connection with completing Surveys. You acknowledge and agree that (i) Lightning Health will not withhold any monies or taxes based on Compensation payable to you (except where required by law to do so), and (ii) you are solely and exclusively liable and responsible for the payments of all applicable taxes and compliance with all applicable tax laws.

VI. Confidentiality

1. You acknowledge and agree that as a Respondent Member you may be exposed to confidential and proprietary information of Lightning Health and/or any Client Members. All information available to you through your membership, relating to or resulting from your participation in any particular Survey or Surveys, including but not limited to the answers or information you provide pursuant to those Surveys, the number of studies in which you have participated, even the existence and subject of the Surveys, is considered confidential proprietary information belonging to Lightning Health and its Client Members. You agree that you will hold in strict confidence and not disclose to any other parties any confidential and/or proprietary information discovered or learned in connection with any Survey or other market research related to this Website, Lightning Health and/or any Client Member.

2. You acknowledge and agree that any confidential and/or proprietary information revealed to you, or learned by you, in connection with any Survey and/or any other research activities shall remain the sole and exclusive property of the owner of such information and you are not granted and you shall not receive any right, title, and/or interest in and/or to any of the confidential and/or proprietary information and no such right, title, or interest shall be inferred or implied.

3. Anything you are exposed to during your activities on the Website, including but not limited to the “look and feel” of the Website, should be regarded as proprietary whether or not so designated. “Look and feel” refers to design, logos, banners, navigation bars and tools, graphics, typeface, page layout, object placement and other features ordinarily considered to be part of the “look and feel” of an Internet site.

VII. Privacy

1. The privacy of personal data is of utmost importance to Lightning Health. For further information please review Lightning Health’s Privacy Policy.

2. In order to assist its Client Members in designing their Surveys or in selecting Respondent Members to participate, Lightning Health may disclose to those Client Members certain profile data supplied by each Respondent Member. Profile data include, but are not limited to, items such as country healthcare system in which you work/previously worked and the relevant healthcare decision making institution you represent. This list is illustrative, not exhaustive, and the actual elements included in the profile data may change over time. However, Lightning Health will not disclose to any third party without your consent the personally identifiable information (name, address, telephone number, email address) that you provide to us. For more information about Lightning Health’s use of your personal information, please review Lightning Health’s Privacy Policy.

VIII. Intellectual Property

1. All pages and content of Lightning Health, the Client Members, and their respective licensors, business partners and/or agents, contained on or within this Website and related surveys, including without limitation text, graphics, audio, video, photographs, surveys, logos and/or any other material are the intellectual property of, or are authorised for use by Lightning Health, the Client Members and/or their respective licensors, business partners and affiliates, including all trademarks, services marks, copyrights, patents and trade secrets contained therein.

2. You may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, or distribute in any way the content, materials and information made available on this Website, without the prior express written consent of Lightning Health.

3. You agree not to download, reconfigure or use Lightning Health’s technology or software in anyway other than to access the content designated to you and/or participate in its Surveys. You also agree not to download, print copies or reproduce any screen or information displayed to you in the course of your access or participation, unless specifically asked to do so as part of your participation in a particular Survey.

4. Lightning Health shall pursue any and all remedies available at law and/or in equity to remedy, restrict, prohibit and punish any violation(s) of the foregoing.

IX. Indemnification

1. You agree to indemnify, defend and hold harmless Lightning Health, its directors, officers, employees and/or agents from and against any and all third party claims, demands, liabilities, damages, losses and cost and/or expenses, including without limitation reasonable legal fees and court costs, arising out of, resulting from, related to, or in connection with, whether directly or indirectly, any breach or other violation by you of the Terms and Conditions and/or applicable law.

X. Limitations of Liability

1. Under no circumstances will Lightning Health be liable (whether in tort (including negligence), contract, under an indemnity or otherwise) to the Respondent Member for any incidental, punitive, special, indirect or consequential loss or damage, loss of profits, loss of data, revenues reputation, goodwill or expected savings, loss of business opportunity, or similar losses of any kind that may be suffered by a Respondent Member or any other person or entity, even if Lightning Health has been advised of the possibility of such damages or such damages result from the use of the Website.

2. Lightning Health is neither responsible nor liable for, and each Respondent Member hereby waives any claim, action, or remedy for, any damages, whether direct or indirect, incidental, special or consequential or losses that result from participation in any Survey offered to Respondent Members or reliance on or use of information, products, services or merchandise listed on or provided through this website; except where liability is mandated by applicable law.

XI. Disclaimer

1. This Website, including all content or services made available on or accessed through this Website, is provided “as is.” To the fullest extent permissible by law, Lightning Health makes no representations or warranties of any kind whatsoever for the content on this Website.

2. Lightning Health hereby disclaims any expressed or implied warranties, including, without limitations, non-infringements, title merchantability or fitness for a particular purpose. Lightning Health does not warrant that the functions contained in this Website or any material or content contained therein will be uninterrupted or error free, that defects will be corrected, or that this Website or the server that makes it available will be corrected, or that this Website or the server that makes it available is free or viruses or other harmful components.

XII. Communications

1. Anything you transmit to Lightning Health as part of a Survey response will only be shared with affiliates, third parties and Client Members in anonymised form, and will not include any personal information by which you may be identified (including but not limited to your name, address, telephone number, email address).

2. Lightning Health is free to use any ideas, concepts, know-how or techniques contained in any communication you send to this Website without compensation and for any purpose whatsoever, including but not limited to, developing, and marketing products and services using such information.

XIII. Cancellation

1. Without limiting any other remedies available to Lightning Health, Lightning Health may, without prior notice, suspend, cancel, or terminate a Respondent Member’s access and/or account in the event the Respondent Member breaches or otherwise violates these terms and conditions.

XIV. Changes to the General Terms and Conditions

1. All information posted on this Website is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. Lightning Health will make such changes by posting them at or on this Website. You should check this Website for such changes frequently. Your continued access of this Website after such changes conclusively demonstrates your acceptance of those changes.

XV. Legal jurisdiction and address for service

1. Your use of this Website and any dispute arising out of such use of this Website is subject to the laws of England and Wales and the non-exclusive jurisdiction of the English courts.

XVI. General

1. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of extent of such section. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches. This document sets forth the entire understanding and agreement Lightning Health and you with respect to the subject matter contained herein.

2. Lightning Health reserves the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Website and to restrict or prohibit access to it.

XVII. Severability clause

1. In the event that one or more provisions of these Terms and Conditions are deemed wholly or partially invalid it shall be deemed severed from these Terms and Conditions and, the remaining provisions shall remain in full force and effect. Any provision that is invalid shall be replaced with a provision that is as similar as possible to and best meets the intended purpose of the invalid provision.

XVIII. Questions

1. If you have questions regarding these Terms and Conditions please contact us by e-mail at enquiries@lightning.health