Terms & Conditions

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Terms & Conditions

General Information

1. These are the general terms and conditions (“terms and conditions”) of ESOMAR B.V. and The Society of ESOMAR (“ESOMAR”). These terms and conditions apply to the usage of the website, to ESOMAR membership and to purchasing and/or using ESOMAR's products and services. You can download or print these Terms and Conditions for reference purposes.

2. By visiting the ESOMAR website, purchasing products, using our services or becoming a member of ESOMAR, you agree to accept, be bound by and comply with these terms and conditions.

3. ESOMAR is located at the following address:

ESOMAR B.V.
Burgemeester Stramanweg 105 - 1101 AA, Amsterdam - The Netherlands

ESOMAR is registered at the Chamber of Commerce, Register Nr. 54165458

Registration date: 3 February 2012

The Society of ESOMAR, Burgemeester Stramanweg 105 - 1101 AA, Amsterdam - The Netherlands

Any questions about these terms and conditions or complaints about the website or services of ESOMAR, should be addressed, in writing, to our Management Team at the following address:

ESOMAR B.V.
Burgemeester Stramanweg 105 - 1101 AA, Amsterdam - The Netherlands

E-mail: info@esomar.org

4. Any additional terms and conditions you may propose are rejected, unless agreed otherwise in writing.

5. ESOMAR reserves the right to change any of these terms and conditions at any time and without notice. ESOMAR therefore recommends that you review these terms and conditions from time to time, or before making a transaction.

6. These terms and conditions are governed by and construed in accordance with the law of the Netherlands. All disputes arising out of or in connection with these terms and conditions must be dealt with under the jurisdiction of the courts of the Netherlands.

Orders and purchases

7. All orders and applications must be either faxed, mailed or emailed. Orders can be paid online through Saferpay, using VISA, Eurocard/Mastercard and American Express. Saferpay will confirm your transaction by email. Orders can also be paid by bank transfer. VISA, Eurocard/MasterCard and American Express credit cards are accepted for payments in EUR only. Bank transfer payments must include an invoice reference number or registration code reference. Bank charges must be paid by the customer.

7.1 ESOMAR reserves the right to request credit card guarantees from customers who require ESOMAR services but have not yet settled their invoice/s. Customers must agree to ESOMAR’s payment conditions on Credit Card Guarantee forms. ESOMAR will inform customers before charging the credit card.

8. Once ESOMAR has received your order form, you should receive confirmation of receipt by e-mail from within 24 hours (Mon-Fri). If you do not receive a confirmation of receipt from ESOMAR, please contact us at finance@esomar.org.

9. All prices stated on the ESOMAR website are in EUR and include handling and delivery as applicable. All prices are excluding VAT (Value Added Tax).

10. Taxes for Congress, conferences, forums and workshop registrations are charged depending on their location. Within the European Union (EU), all companies will be charged local VAT. For events outside of the EU no VAT will be charged, however local taxes may be applicable. This will be communicated on the registration website.

For non-event related items, VAT is levied at 9% on books and at 21% on all other publications (including single event papers). VAT is levied at 21% on membership fees, and on the online company listing fees in the ESOMAR Directory of Research Organisations. All customers within the Netherlands will be charged VAT. Customers within the EU will also be charged VAT, unless their company VAT number is provided. All customers outside of the EU are exempt from VAT.

If a customer is required to make any withholdings from any sum payable to ESOMAR, then the sum payable by Customer shall be increased to the extent necessary to ensure that ESOMAR receives and retains a net amount equal to the amount ESOMAR would have received and retained in the absence of such required withholding. It is the customer’s responsibility to communicate this to ESOMAR before payment.

11. Fully-paid up ESOMAR Members receive reduced rates on all ESOMAR publications and event registration fees.

12. Discounts on publications are available to book retailers and to customers who purchase three or more publications in one order. Book retailers will receive a 25% discount on all publications. This discount cannot be combined with other discounts. All other customers will receive a 25% discount by purchasing three or more publications in one order. Quantity discounts are also available on purchases of 10 or more single event papers in one order. Special offers may be periodically featured on the ESOMAR website.

13. All payments must be made in EUR or as otherwise specified. Pre-payment is required on all publication orders before they can be dispatched. All other payments should be made within 14 days of the invoice issue date unless stated otherwise on the invoice. If an invoice remains unpaid ESOMAR may also invoice the customer for all costs incurred with collection of the debt.

Publications (in print, on cd-rom or audiovisual)

14. To ensure secure and prompt delivery, publication orders will be delivered by registered priority mail only.

15. Products are packed in a manner which reasonably assures that they are protected against damage and deterioration. Products are delivered to the address you provide on the Publications Checkout Form as your "delivery address". Any inaccuracies or incompleteness in this address is at your own risk.

16. You may, without giving any reason, return products sold by ESOMAR within 14 days of receipt for a full refund. ESOMAR will not pay for the return shipping costs. ESOMAR will not refund or accept products that are returned more than 14 days after receipt.

17. If the product(s) you have purchased from ESOMAR are damaged during delivery, you may return the product(s) within 30 days of receipt for a full refund or replacement product(s). ESOMAR will only pay the return shipping costs if the return is a result of an error of ESOMAR. ESOMAR will not refund or accept products that are returned more than 30 days after receipt.

18. In addition to article 16 and 17 these terms and conditions, ESOMAR cannot refund and accept returns if:
• products are not in their original condition and in their original packaging.
• products are damaged, other than during delivery, or are missing parts
• books, magazines, CD Roms, CDs, DVDs, VHS tapes or cassette tapes have been opened, taken out of the plastic wrapping, or if the seal has been broken

Publications in electronic format

19. To ensure secure and prompt delivery of single event papers, industry studies and reports, each will be sent as a PDF file by email.

20. Requests to receive a compilation of single event papers, industry studies or reports on CD-Rom should be made in writing and sent to publications@esomar.org or faxed to ESOMAR on +31 20 664 2922. These CD-Roms will be delivered by registered priority mail only and will be charged at an additional 10 EUR per CD Rom. Each CD Rom can contain a maximum of 10 papers.

Fees and Conditions

22. ESOMAR Membership fees are based on an annual rate and can be renewed each year. New regular individual applicants must also pay a once off admission fee in addition to the regular membership fee. This administration fee is waived for two year membership offers. The rates are available on ESOMAR Individual Membership section of ESOMAR website. Dutch VAT is not applicable if you provide your company VAT number or if you reside outside of the European Union. However, VAT is charged at 21% on applications originating from within The Netherlands.

22.1 ESOMAR Regular and Young ESOMAR Society (YES) Membership runs for 12 months on a rolling basis and is renewed automatically for another year, unless resignation in writing is received before the end of the term. If two-year membership is purchased, upon expiration of that term annual renewal is automatic.

ESOMAR Corporate Membership runs on an annual basis and is renewed automatically for another year, unless resignation in writing is received three months before the end of the term.

22.2 ESOMAR Regular and Young ESOMAR Society (YES) Membership is personal, based upon the individual member’s applications and not transferable.

ESOMAR Corporate Membership obliges Corporate Agencies and Corporate Clients and employees to abide by the ICC/ESOMAR Code and any benefits, outside of use of the Corporate Member Mark, are limited to Key and Designated Members and only transferable as per the specific terms and conditions of Corporate Membership.

22.3 As an ESOMAR member, you agree to accept, be bound by and comply with the:
• ICC/ESOMAR International Code on Market, Opinion and Social Research and Data Analytics
• The ESOMAR Disciplinary Procedures
• ESOMAR Statutes

23. ESOMAR members who participate and fully adhere to the Member get Member programme can choose from several gift options. All details can be found in the members section of MyESOMAR.

24. ESOMAR reserves the right to limit the access to all Membership benefits if the Membership fees are in arrears.

ESOMAR Directory of Research

25. ESOMAR endeavours to ensure the accuracy of the ESOMAR Directory of Research ("the Directory"), which is compiled from information supplied by ESOMAR members. ESOMAR cannot be held liable for any inaccuracies or omissions in the information concerning members or company entries in the Directory.

26. ESOMAR reserves the right to amend text in the Directory, without prior notification, which does not conform to its rules or which may undermine the integrity of ESOMAR or the Directory.

27. Subject to the ESOMAR Directory of Research rules and regulations, for a company to obtain and maintain a Directory listing, the company must have a physical presence in a country. Postbox and/or telephone number are not sufficient. Each office listed in the Directory of Research needs to be a registered office of the company, occupied by at least one full-time member of staff.

Upon registration or in case the legitimacy of a company listed or applying for a listing in ESOMAR’s Directory of Research is being questioned, the company must provide proof by demonstrating that:

The company is a registered business entity in the country where its office listed in the Directory of Research has a physical presence as iterated above (eg. through company registration, tax return or other similar document).
There is a permanent office located in the aforementioned country, so that mail sent to that address would find an office (demonstrated through registration, utility bill or similar).
There must be at least one employee with a fixed address in that country (eg. demonstrated through a proof of residency or other similar document).

28. As an ESOMAR member, you are solely responsible for the truthfulness and accuracy of the information you submit. Submitting false or misleading information may result in the withdrawal of your membership and/or company listing from the ESOMAR Directory of Research Organisations. You may also be sanctioned by ESOMAR´s Professional Standards Committee and Disciplinary Committee, notwithstanding legal pursuits by ESOMAR or third parties. You will indemnify ESOMAR for any damage, including claims from third parties, which result from submitting false or misleading information.

29. ESOMAR has developed an exclusive request for proposal tool to assist research buyers with finding and contacting international research agencies. However, as sending unsolicited commercial emails for sales or promotional purposes is spam and is illegal in many countries it may not be used for mass mailings, electronic or otherwise for direct marketing purposes.

ESOMAR events, congresses, workshops, and video streaming

31. ESOMAR reserves the right to alter or cancel, without prior notice, any of the arrangements relating directly or indirectly to an event, for any circumstances beyond ESOMAR’s reasonable control. ESOMAR will not accept liability for any losses and/or damages participants may suffer on account of any alteration or cancellation. In the case of cancellation due to circumstances beyond our control, ESOMAR will transfer the paid amount to other ESOMAR products, such as membership dues or an alternative event, unless otherwise required by applicable laws. Participants and guests are advised to arrange adequate travel and health insurance prior to the event. Please note that your registration will not be final until payment is received and may be subject to cancellation.

32. You may request a refund/partial refund on a conference and /or workshop registration fee, by sending your cancellation request in writing to ESOMAR as stipulated in the cancellation policy for the event in question. The Cancellation policy is available on the event registration form and the customer’s confirmation email.

33. To register for an ESOMAR event, you must agree to ESOMAR's Terms and Conditions.

34. Cancellations, No Shows and Termination:

Customers must agree to the cancellation policy for the event in question. Cancellation of event registration does not automatically cancel the associated membership application or its obligations. Written cancellation of a membership request must be received as per the terms and conditions of ESOMAR membership to nullify an application.

35. Exhibition and sponsorship bookings:

Cancellations (either full or partial) must be received by ESOMAR in writing. Cancellations up to 22 weeks prior to the start date of the event will be charged a cancellation fee between 25% and 100% of the total contract value for the event depending on the date of cancellation.The cancellation fee is set at:

25% (22-19 weeks prior to the event)
50% (18-15 weeks prior to the event)
75% (14-11 weeks prior to the event)
100% (10 weeks prior or closer to the event)

Written requests for cancellations may be sent by e-mail to business@esomar.org.

In the event of exceptional circumstances such as a bereavement or similar uncontrollable events, ESOMAR may, at its sole discretion, consider a written application for cancellation, provided it is received no later than 3 working days after the scheduled event, and written independent verification of the event is attached. In all circumstances however, a cancellation fee will be applied.

The only exception to these terms is In the case of force majeure; in such an instance, where ESOMAR cannot reasonably be expected to execute the scheduled event, ESOMAR will communicate the permissible options to the affected delegates.

General conditions - ESOMAR events:

ESOMAR is responsible for organizing an event and for providing exhibition space at such event to sponsors/exhibitors.
ESOMAR is not responsible for arranging transport to and from the event or accommodation.
Sponsors will have first choice on the location of their exhibition space on the floor plan. In the following order: Platinum, Gold, Silver and Bronze sponsors.
After sponsors exhibition space will be allocated on a ‘first-come, first-served’ basis. ESOMAR reserves the right to refuse participation of any company, even if payment has been received, as it deems necessary at its full discretion.
Sponsors, exhibitors, stand personnel and delegates are not permitted to conduct delegate surveys without ESOMAR's prior written approval.
Unless otherwise stated, no sponsorship will be exclusive.
Promotional activities are restricted to the exhibition space booked by exhibiting companies. It is not permitted to display promotional materials or to engage attendees in promotional activities outside of the exhibition space allocated, unless prior written approval by ESOMAR has been provided.
The terms of this agreement will remain confidential and not disclosed to any third party.
ESOMAR’s liability shall at all times be limited to the sum insured that shall be paid in such case under the insurance policies taken out by ESOMAR.
Injury to person, theft, fire damage or loss of property for amounts deemed adequate by the client.
ESOMAR is not liable for any losses or damages that participating companies or individuals may suffer on account of alteration or cancellation.
In so far as the above-mentioned limitation of ESOMAR’s liability poses difficulties for the sponsor/exhibitor, the sponsor/exhibitor is responsible for taking out any required additional insurance.
ESOMAR reserves the right to alter or cancel, without prior notice, any of the arrangements relating directly or indirectly to the event, due to circumstances beyond ESOMAR's reasonable control.
ESOMAR reserves the right to refuse any sponsorship or to cancel any prepaid sponsorship as it deems appropriate to avoid conflicts of interest and make decisions in the best interest of the Society at its full discretion.
Sponsors/exhibitors are restricted from organizing or supporting presentations, parties and other formal gatherings without the specific approval of ESOMAR within the timings of the event programme. Failure to adhere to this condition can result in the cancellation of your participation in the event. Please contact us if you plan any activities during the event dates.
This agreement is governed by and shall be construed under the laws of the Netherlands. Any disputes relating to this agreement shall be settled according to the laws of the Netherlands and shall be subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.

GDPR
In accordance with the General Data Protection Regulation (GDPR), you agree to processing of personal data including full name, e-mail address, job title, age, employment details, ESOMAR membership status, location details, IP address, browser details, and other details directly provided by the data subject for the exclusive purposes of marketing or the provision of content that is relevant to the initial event topic.

You agree to assist us in responding to any data subject requests requiring us and our partners to remove personal data, restrict our further use of their personal data, or to move their personal details to new providers. The personal data provided may not be further shared beyond authorized employees who have signed appropriate non-disclosure agreements with the company. The personal data provided may not be further used for any other purposes without the explicit written authorization of ESOMAR. You are also required, in the event of a data breach involving the shared personal data to inform ESOMAR of the circumstances of the breach without delay in accordance with our obligations under the EU General Data Protection Regulation.

Payment conditions:
You will be invoiced upon confirmation of this agreement. There will be a 30-day payment term. But the total invoice has to be paid in full before the start of the event.

36. Remote delegates who have purchased the ESOMAR event live video stream option understand that the indicated technical requirements need to be available and in good working order on the system being used to view the stream for it to work.

37. ESOMAR cannot be held responsible for systems that are unable to access the video stream if the stream is available and being broadcast.

ESOMAR policy on (sexual) harassment, aggression and discrimination

38. ESOMAR has a zero-tolerance policy on any form of harassment, discrimination and aggression. This means that no form of discriminatory, aggressive or harassing conduct by or towards any member or other person in the ESOMAR workplace or at ESOMAR events or meetings is tolerated. Any report of discriminatory, aggressive or harassing conduct will be investigated and may lead to sanction – including, but not limited to, termination of membership.

38.1 Conduct covered by this policy:

This policy applies to and prohibits all forms of (sexual) harassment, aggression, and discrimination, as defined below:

Harassment: engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.
Sexual harassment: unwelcome and/or offensive sexual advances, unwelcome physical contact of a sexual nature, including the touching of another's body; the touching or display of one's own body, or any other offensive contact including the unsolicited sending of images or texts with a sexual context.
Aggression: bullying, or mentally and/or physically threatening or attacking others.
Discrimination: acting or making remarks or decisions about others that are in any way insulting to them on account of their race, religion, gender, beliefs, disabilities, national origin, age and/or sexual orientation.

38.2 Complaints procedure:

Any ESOMAR member or person attending ESOMAR events who believes that she or he has been subjected to harassment, aggression and/or discrimination of any kind is encouraged to report the incident to the Director General of ESOMAR, or – if he or she is uncomfortable reporting the incident to the Director General - to the Council President or any other member of staff they feel comfortable speaking to.

Every report of harassment, aggression or discrimination will be investigated promptly, impartially, independently and under principles of due process, with every effort to maintain confidentiality. Where appropriate, The investigation may be carried out by an outside investigator. The complainant and accused will always both be heard during the investigation and the complainant and the accused will be informed of the results of the investigation and will be able to comment on the findings before they are reported to ESOMAR. If ESOMAR finds that its' policy has been violated, it will implement appropriate sanction, which may include termination of membership of the accused. Action may also be taken if the accused refuses to participate in an independent and impartial investigation.

No person will be retaliated against in any way for reporting harassment, aggression or discrimination in good faith.

Digital Networking Facilities

39. One of ESOMAR’s core missions is to connect members of its community having shared interests. As part of our service, we make a variety digital networking tools available for all users of our services (including members, clients and event attendees) upon their subscription to any one of our services. Upon registration (to any of our events or similar services) and subsequent acceptance of these terms and conditions, service users are subscribed to use these digital networking functionalities - through a MyESOMAR account - to enable users to network with each other and create business contacts as part of the service experience. Users not wishing to be active in any of our networking groups (via our Networking Tool, app or our MyESOMAR platform) may opt-out at any time through their user settings. Users of our digital networking functionalities accept that the tool may not be used for the purposes of sending unsolicited commercial or direct marketing communications and that it may not be used for mass mailings/messaging, electronic or otherwise.

40. Users of the ESOMAR networking functionalities are responsible for the truthfulness and accuracy of the information they provide on the system and may update their information using their user settings. ESOMAR therefore cannot be held liable for any accuracies or omissions in the information concerning users found in the networking groups.

41. In the event the usage of our services does not comply with these terms and conditions, ESOMAR reserves the right to unilaterally and without prior notification suspend its service delivery to the user.

Terms and conditions for publishing and translating the ICC/ESOMAR International Code on Market, Opinion and Social Research and Data Analytics

The International Chamber of Commerce (ICC) and ESOMAR are committed to promoting awareness and application of the ICC/ESOMAR International Code on Market, Opinion and Social Research and Data Analytics.

The Code embodies their long-standing commitment to promote the highest standards of ethical behaviour and to underline that research is carried out honestly and objectively without creating disadvantages for those whose data is used in research.

National and international associations of market, opinion and social research and data analytics that have adopted or endorsed the Code are therefore encouraged to publish the Code, providing that they respect the following conditions:

1. ICC and ESOMAR are co-owners of all intellectual property rights to the ICC/ESOMAR International Code on Market, Opinion and Social Research and Data Analytics, hereinafter the Code.

2. The Code may be published in printed form and/or electronically subject to prior written authorisation by ICC or ESOMAR.

3. The Code must be published in its entirety without modification. Unless agreed in writing by ICC or ESOMAR, an association is not authorized to reproduce or publish the Code in a modified form.

4. Associations adopting or endorsing the Code are entitled to insert their logo on the back cover below the logos of ICC and ESOMAR and a short description of their association. The size of the logo and text about their association shall be similar to that of ICC and ESOMAR.

5. All publications of the English version of the Code must contain the following notice:

The ICC/ESOMAR International Code was drafted in English and the English text is the definitive version.
All ICC codes and guidelines are available at www.iccwbo.org
All ESOMAR codes and guidelines are available at www.esomar.org

6. Prior to publication, the association shall send a copy of the publication, to ESOMAR, the corresponding local ICC committee and ICC headquarters.

Translation of the Code

7. Associations are encouraged to draft and publish translations of the English text of the Code in other languages subject to the conditions specified in paragraphs 8-14 below.

8. The translation may be published in printed form and/or electronically subject to prior written authorisation by ICC or ESOMAR.

9. Translations shall be true to the English version of the Code. To ensure consistency, it is advised to have the translation checked by a market researcher who is familiar with English research terminology, e.g. the president of the association or similar, or the ESOMAR representative.

10. The association translating the Code may publish the translation as approved without modification in accordance with paragraphs 2-6, providing the translation contains the following notice in the language of translation:

Translation (Language)© (Year of publication)(Name of association)
Last revised December 2016
© 2016 ICC/ESOMAR. All rights reserved. This publication may only be modified or translated, with the prior written permission of ICC and ESOMAR.

11. So that the translation is recognisable as the ICC ESOMAR International Code, ESOMAR will provide a template for the association to insert the translated text to ensure that the branding is consistent across languages.

12. Prior to publication, the association shall send a copy of the translation to ESOMAR, the corresponding local ICC committee and ICC headquarters.

13. The translation shall be posted on ESOMAR’s website as well as the association’s site, which shall have a link to the English text on ESOMAR’s site.

14. ICC and ESOMAR are entitled to withdraw authorisation to publish and/or translate if, according to ICC/ESOMAR, the Association has reproduced or translated the Code in violation of these terms or in a manner detrimental to the objective and/or reputation of the Code.