1. WHO WE ARE AND WHO THESE TERMS AND CONDITIONS APPLY TO
Welcome to Trail Blazers!
1.1 The information below tells you how you may use the website www.o2trailblazers.co.uk and how you may participate in the Trail Blazers panel (“Trail Blazers” or “Panel”).
1.2 Trail Blazers is operated by Telefónica UK Limited (we, us or our). Telefónica UK Limited is part of a larger group of companies so when we say “group” we mean Telefónica UK Limited its subsidiaries and their own subsidiary undertakings, including our joint venture companies.
1.3 Please read these terms and conditions (the "Terms") carefully before using the Sites and participating in the Panel. By "Sites" we mean the Trail Blazers website www.o2trailblazers.co.uk and any Trail Blazers applications. Please take time to understand these Terms as your membership of the Panel and your continued use of our Sites indicates your acceptance of these Terms and as they may be amended by us from time to time (see paragraph 11 “Changes to these Terms”). If you do not agree with any of our Terms, then you should not register or use our Sites.
1.4 The Sites are administered and managed by ResearchBods Online Limited, a company registered in England and Wales under company number 7642707 (ResearchBods).
2.1 By registering to be part of Trail Blazers and using our Sites, you agree to our collection and use of your personal data. Where you provide information to us (whether during registration, participation in an activity or by any other means) you must ensure that the information is accurate and you must not impersonate, imitate or pretend to be someone else. If information that you provide becomes inaccurate, you must notify us immediately of any inaccuracies so we can update your information.
2.3 You should be aware that any personal data you submit as a contribution to Trail Blazers in a forum viewed by others, for example, a discussion room, may become publicly available. We are not responsible for the personal data that you choose to include in such submitted content.
3. SHARING YOUR CONTRIBUTIONS & OTHER CONTENT
3.1 In addition to personal data, you may share other information in connection with Trail Blazers. As a member of Trail Blazers you may be invited to participate in questionnaires, polls, focus groups, peer-to-peer chat communities and other research activities (“Surveys”).
3.2 By submitting answers to Surveys, or other ideas, suggestions or comments ("Contributions") to Trail Blazers via our Sites or sites that can be viewed by the public, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality (express or implied) with respect to your Contributions; (c) we can use or disclose (or choose not to use or disclose) your Contributions for any purpose, in any way, in any media worldwide; and (d) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
3.3 By posting Contributions to our Sites or sites that can be viewed by the public, you represent that you own or have the right to use all of the content and information you post. Although you will continue to own your Contributions, when you publish content or information to the Sites, you agree not to use it for commercial purposes and you are allowing us to access and use that information. For content that is covered by intellectual property rights (like photos and videos) you grant us a non-exclusive, sub-licensable, royalty-free, worldwide licence to use this content in connection with Trail Blazers and our own marketing communications.
3.4 You, and not us nor ResearchBods, are entirely responsible for all contributions that you upload, post, email, transmit or otherwise make available via Trail Blazers.
3.5 Neither we, nor ResearchBods have an obligation to review the contributions posted to our sites, but you understand that we may refuse to post or remove any of your contributions at our sole discretion.
4. THIRD PARTY WEBSITES
Our Sites may include links to other material or websites which are operated by third parties (such as Facebook, Twitter, Instagram) and which we do not control. We are not responsible for the content on these websites or materials or any loss or damage that you suffer by accessing them. We suggest that you take some time to familiarise yourself with the terms and conditions and policies of any third party websites you access from our sites.
5. YOUR COMMITMENT TO OTHER PEOPLES’ RIGHTS
5.1 For the purposes of this paragraph 5 Prohibited Content includes (but is not limited to):
(a) falsehoods or misrepresentations that could damage us or any third party;
(b) content or links to websites that are unlawful, obscene, indecent, abusive, profane, menacing, offensive, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, in breach of privacy or confidence or encourage such conduct and/or that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate;
(c) any illegal or unauthorised copy of work protected by a third party’s copyright, including but not limited to providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files, or any encouragement to do so;
(d) material that is otherwise subject to third party rights unless you have the relevant permission to use such material and publish it;
(e) impersonation of another person;
(f) advertisements or solicitations of business; or
(g) personal information about another person and/or attempts to solicit personal information from anyone.
5.2 We respect other people's rights, and expect you to do the same. We need your help to keep our Sites safe, which includes the following commitments by you:
(a) You will not knowingly interfere with anyone else’s use or enjoyment of the sites or their personal computer equipment;
(b) You will not post content or create a username/screen name that contains Prohibited Contents or is of a hoax, nuisance, abusive, menacing, offensive or otherwise illegal nature;
(c) You will not post content which infringes or violates the rights (such as the intellectual property rights) of another person or otherwise violates the law;
(d) You will not post unauthorised commercial communications on the sites or use (or license others to use) any content posted to the sites (including your own) for any commercial purpose.
5.3 We may, in our absolute discretion, deem any other content not listed in clause 5.1 to be Prohibited Content. We may edit, move or delete any content that you provide at our sole discretion (whether or not it is Prohibited Content).
5.4 We reserve the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of this paragraph 5, and in particular, includes Prohibited Content in survey responses. Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies and removing the Prohibited Content from the survey.
5.5 We reserve the right to suspend your account or terminate your access to Trail Blazers, if you are, in our absolute discretion, deemed to have infringed this paragraph 5.
6. STAYING SAFE & SECURE ONLINE
6.1 Once you become a member of Trail Blazers you will have an account and login details. You are responsible for maintaining the confidentiality of your account details and staying safe online. It is therefore your responsibility to make sure that your passwords are kept secret and strictly confidential. We cannot be responsible for any loss or damage that you suffer as a result of someone else accessing them until we are notified that such activity is being engaged in without your consent. You agree to immediately notify o2 of any unauthorised use of your password or PIN number or any other breach of security you may know about. Furthermore, you are responsible for all posts and all other activities conducted under your account.
6.2 We recommend that you protect your equipment when you use our Sites. We take reasonable measures to keep our sites free from viruses and defects but we cannot guarantee that use will not result in damage to your hardware, software or any data associated with them.
7. INTELLECTUAL PROPERTY
7.1 Your use of our Sites or being a member of Trail Blazers does not give you the right to access or download any information we post to our sites which shall remain our and our licensors’ intellectual property.
7.2 These Terms do not grant you any licence to use any intellectual property (including our name, any trading name, brand or logo) of Telefónica UK Limited or our group, or our parent company or ResearchBods.
8. PRODUCTS NOT INTENDED FOR RESALE
Any product, service, coupon or voucher offered by us are not intended for resale. Any violation (as determined solely by us) of this provision by a member may result in removal from the applicable survey or termination of your membership.
9. OUR LIABILITY
9.1 The sites are provided on an 'as is' and 'as available' basis. We cannot promise that the Sites will be free from errors or omissions, nor that they will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. We make no guarantee that all or any features of the Sites will work on any particular device.
9.2 Any content or other materials included in the Sites do not, and are not intended to, amount to advice on which you should rely. Consequently, we do not accept any responsibility or liability for any actions or omissions that you may take in reliance on such content or materials.
9.3 By using the Sites and participating in Surveys, you agree to release Telefónica UK Limited from any and all liability whatsoever arising in any way from your use, misuse or inability to use the Sites.
9.4 Please read this section carefully because it limits the liability of Telefónica UK Limited, our parent company, our group and our affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (“Trail Blazers entities”). Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
9.5 We will not be liable to you for:
(a) Any loss of income, business or profits, or goodwill;
(b) Any loss or damage which was not caused by our breach of these terms or breach of our legal duty of care;
(c) Any loss or damage which was not a reasonably foreseeable result of either our breach of these Terms or breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if prior to you accessing this site such loss was either
(i) contemplated by you and by us, or
(d) Any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through installation of anti-virus software.
9.6 Nothing in these Terms excludes or limits our liability for fraud, death or personal injury caused by our negligence or any liability which may not be excluded or limited under any applicable law.
10. YOUR RESPONSIBILITY DURING A CLAIM
You agree to co-operate and assist us in defending any claim brought against us by a third party that arises from your breach of these Terms and you will allow us to handle any such claim.
11. CHANGES TO THESE TERMS
12. CHANGES TO TRAIL BLAZERS
Occasionally we may need to modify, add to or withdraw Trail Blazers surveys, content on our sites, or other aspects of Trail Blazers. We reserve the right to do this without any liability to you.
13. INTERNATIONAL USE
To participate in Trail Blazers you must be resident in the United Kingdom. We make no representation that Trail Blazers, any products or other materials available through our sites are appropriate or available for use in other countries. If you do choose to access our sites from other countries, you do so on your own initiative and are responsible for compliance with local laws.
14.1 It is free to register to be part of Trail Blazers but you must be 18 years of age or over. By registering to be part of Trail Blazers you confirm you are 18 years of age or older.
14.2 We have the right to determine which members are eligible to participate in Trail Blazers and any of the Surveys we offer. We can also remove a member from Trail Blazers or a Survey at any time for any reason.
14.3 Only one registration per person for Trail Blazers is allowed and you may not authorise others to participate in Surveys on your behalf except as expressly permitted by us in relation to particular activities.
15.1 You may terminate your participation as a member at any time, for any reason, by visiting the “your profile” page and selecting the “delete account” button. We may terminate you as a member for any reason, at any time.
15.2 If you unsubscribe your Trail Blazers membership, your profile information will be removed, you will be unable to access the Site and you will no longer receive emails from us. In addition, you will forfeit any incentives or rewards that have not been administered at the time you opt out.
15.3 Our agreement with you under these Trail Blazers is in full force and effect while you visit the sites and/or are a member of Trail Blazers and continues to be so even after your participation ends or is terminated.
16. TRAIL BLAZERS BADGES
16.1 Members can earn Trail Blazers badges (Badges) for participating in certain activities. In certain circumstances Badges can be used to choose members for special or excusive activities.
16.2 Telefónica UK Limited does not warrant or represent that members will earn any specific number of Badges. Telefónica UK Limited reserves the right vary the terms on which Badges are accumulated upon notice to you. Please refer to the rewards page for further details on Badges.
17. MONTHLY AND SPOT PRIZE DRAWS
17.1 Prize draws promoted by us may be made available to members on our Sites.
17.2 Unless otherwise stated in the terms and conditions of entry of a specific prize draw (Specific Terms) which are made available to you before or at the time of entering that prize draw, the terms below will apply to prize draws made available on our Sites.
17.3 Entrants must be residents of the United Kingdom, Isle of Man or Channel Islands and must be aged 18 years or over at the time of entry. [Employees of O2 and their immediate families are ineligible to enter, unless particpating in Store and Servce Trail Blazers] In entering a prize draw, you confirm that you are eligible to do so and are eligible to claim any prize you may win. We reserve the right in our sole discretion to ask for evidence of age, identity and/or eligibility of an entrant at any time. We may withhold delivery of a prize until we have received such evidence from the winner. Failure to provide evidence in a timely manner may result in forfeiture of the prize. Unless otherwise stated, there is a limit of one entry per person per prize draw.
17.4 The opening date and closing date for entries will be as indicated in the specific terms for the relevant prize draw or on the rewards page on the Sites. To enter a prize draw, entrants must follow the instructions provided. Entrants may be automatically entered into a prize draw when they complete any of the eligible Surveys. Any entries received before the prize draw opens or after the closing date and time will not be counted.
17.5 Any entries which are incomplete, incorrectly submitted, lost, damaged in any way, made or received after the deadline for receiving entries has passed will be discounted. In the event of any fault, mistake, misunderstanding or dispute concerning the entries, our decision is final. We do not accept responsibility in the event that any entry is lost, delayed or not properly received regardless of cause, including but not limited to equipment failure, technical malfunction, satellite, network, server, computer hardware or software failure of any kind.
17.6 The number of prize winners for each prize draw is as specified in the Specific Terms posted on the Sites or otherwise communicated by ResearchBods (e.g. as part of an invitation to participate in a research task). Prize draws will take place within one week of the closing date and time for entry, unless otherwise specified in the Specific Terms. Unless stated otherwise in the Specific Terms, the prize winner will be the first entry drawn at random from all valid entries, subject to eligibility and winner confirmation. Unless otherwise stated in the Specific Terms, the winner will be contacted by email within 14 days after the draw date, unless otherwise indicated in the Specific Terms.
17.7 If the winner fails to respond to the notification email within 30 days of the email being sent, or if the winner fails to meet any of the eligibility requirements or is otherwise unable to comply with these Terms and/or the Specific Terms, this may result in forfeiture of the prize and we reserve the right to disqualify that entrant (without liability to that entrant) and offer the prize to the next eligible entrant and thereafter until a winner is found.
17.8 The winner is required to comply with all instructions and requirements we may provide, prize provider(s) and/or their agents to receive and/or take up the prize. We will not be liable to the winner or any other persons where they fail to comply with such instructions and/or requirements, and such failure may result in forfeiture of the prize (without liability to the entrant). We reserve the right to disqualify you if your conduct is contrary to the spirit or intention of the prize draw.
17.9 If you are the winner of a prize draw, you agree that we may post your username on the Sites or via newsletter to other Trail Blazers members.
17.10 The prize for each prize draw is as specified on the Sites or otherwise communicated to you (e.g. as part of an invitation to participate in a research task). Unless otherwise stated each entrant is limited to winning one prize per prize draw. Each prize is subject to availability and to winner confirmation, i.e. we or ResearchBods have managed to contact the winner and confirm eligibility.
17.11 Where the prize is a voucher (which may be provided in the form of a unique voucher code or otherwise); such voucher may only be redeemed by the prize winner and will be made payable in pounds sterling. Use of such voucher will also be subject to the terms and conditions of the issuer of the voucher.
17.12 No cash equivalent (where applicable) or alternative prize will be given at the request of the winner and the prize is non-transferable, non-negotiable and non-exchangeable. We reserve the right to change the prize or any part of the prize to an alternative of equal or greater value for any reason in our sole discretion, including without limitation due to circumstances beyond our control or if any part of the prize becomes unavailable. The prize may not be claimed by a third party on your behalf.
17.13 If for any reason the winner chooses not to take up the prize or any part of the prize, we reserve the right to ask the winner to confirm this in writing and we will be able to retain or dispose of the prize (or part of the prize) at our discretion. We may refuse to provide a prize, or seek its recovery, in the event of: non-entitlement under these Terms and/or the Specific Terms; an entrant's breach of these Terms and/or the Specific Terms; or the fraud or dishonesty of an entrant.
17.14 We or ResearchBods endeavor to deliver the prize to the winner within twenty-eight (28) days from the date of winner confirmation, unless stated. Neither us nor ReserachBods will be liable where a prize has been lost or stolen following delivery and such prize will not be replaced.
17.15 If there is any reason to believe that there has been a breach of these Terms and/or the Specific Terms, we may, in our sole discretion, reserve the right to exclude you from participating in a prize draw.
17.16 We reserve the right to hold, void, suspend, cancel or amend a prize draw where it becomes necessary to do so.
18.1 Except as set out in paragraph 18.2, a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
18.2 ResearchBods and o2 group companies may enforce these Terms as if it were a party to them.
18.3 If we decide not to exercise or enforce a right that we have against you (e.g. as a result of you breaching these Terms), this does not prevent us from doing so at a later date.
18.4 If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then that invalid or unenforceable part will be deemed deleted from these Terms, such invalidity or unenforceability will not affect the other provisions of these Terms and they will remain in full force and effect.
19. APPLICABLE LAW AND DISPUTES
These Terms shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts. Any dispute arising in connection with these Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
20. REPORTING ABUSE
Any member of Trail Blazers can report an abusive comment using the ‘Report’ button on the Sites. The ‘Report’ button is positioned next to every individual comment made by every individual member. Members can also report abuse directly by sending an email to hello@O2trailblazers.co.uk
If you have queries about these Terms you can contact us by e-mailing us at hello@O2trailblazers.co.uk