TERMS AND CONDITIONS FOR USE OF KANTAR MARKETPLACE
These terms and conditions (the Kantar Marketplace Terms) govern all use of Kantar Marketplace. If you do not agree to the Kantar Marketplace Terms, do not register an account at Kantar Marketplace. We will process the personal data you provide to us when you register in accordance with our Privacy Policy.
Kantar may amend the Kantar Marketplace Terms at any time by posting the amended version on Kantar Marketplace. You should check Kantar Marketplace for such amendments frequently. Your continued access of Kantar Marketplace after such changes demonstrates your acceptance of those amendments.
The Kantar Marketplace Terms shall not apply to BrandDynamics, which shall be governed by the BrandDynamics T&Cs provided or if applicable, by any master services agreement agreed between Kantar and the customer.
Kantar Marketplace is for business users only.
1. Definitions and Interpretation
Affiliates: any entity controlled by a party or under a party’s common control, where “control” means the direct or indirect ownership in an entity of 50% or more of the voting rights conferred by all the issued shares or equity interests in the capital of that entity; or the power to determine directly or indirectly the composition of the majority of the board of directors, similar management body or direct the management of such entity; but excluding in respect of Kantar, any operating entities trading as Europanel, Numerator or Worldpanel.
Agreement: these Kantar Marketplace Terms and the Order together with any applicable Product Terms.
AUP: Kantar’s acceptable use policy available here which applies to use of Kantar's products which include AI systems or tools.
Authorised Users: those employees of the Client that are authorised to access Kantar Marketplace, purchase and/or use Products.
Client, you, your: both the individual accessing Kantar Marketplace and the company that you represent and which has entered into the Order.
Client Materials: materials supplied by, on behalf of or at the request of the Client for use in connection with the Products.
Fees: the fees payable by the Client in respect of the Products.
Force Majeure: an occurrence beyond the control and without the fault or negligence of the party affected and which the party is unable to prevent or provide against by the exercise of reasonable diligence including acts of government, war, terrorism, cyber-attacks (or threats thereof), flood, fire, explosions, earthquakes.
Kantar, we, us: the Kantar company as identified on the Order and if none, The Kantar Group Limited.
IP Rights: patents, copyright and related rights, moral rights, trade marks, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Order: the online or offline order agreed between the Client and Kantar for the purchase and sale of Products.
Outputs: content including reports made available or accessed by the Client as part of the Product.
Product: the product identified in the Order, and where the context permits all Outputs.
Product Terms: the product specific terms set out in the Annex to these Terms.
Sanctions Laws: means any economic, financial or trade sanctions, laws, regulations, embargoes, restrictive measures or trade restrictions imposed, administered or enforced from time to time by the United Nations, the United Kingdom, the United States of America, the European Union any other relevant governmental or regulatory authority with jurisdiction over either party or the performance of the Kantar Marketplace Terms.
Sanctioned Party: means any person or entity listed as a designated or restricted party under Sanctions Laws.
Words in the singular include the plural and words in the plural include the singular. Clause headings shall not affect the interpretation. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies. Any phrase introduced by the words including or includes shall be construed as illustrative and shall not limit the generality of the related general words.
2. Registration and Availability
2.1 The Client shall ensure that all Authorised Users do not share their passwords with any third party including any other Authorised User and shall change their passwords regularly. The Client shall notify Kantar when any Authorised User ceases to be employed or otherwise engaged with the Client.
2.2 The Client is responsible for ensuring Authorised Users comply with the Agreement and accepts responsibility and liability for the acts and omissions of its Authorised Users.
2.3 The Client shall use all reasonable endeavours to prevent any unauthorised access to or use of the accounts of its Authorised Users and in the event of any such unauthorised access or use, promptly notify Kantar by email dataprotection@kantar.com.
2.4 Kantar shall use reasonable commercial endeavours to make the Products available on Kantar Marketplace 24 hours a day, seven days a week, except for periods of maintenance. Kantar will endeavour to keep any downtime as a result of maintenance to a minimum.
2.5 Kantar may add or remove Products, solutions, features and functions from Kantar Marketplace from time to time at its sole discretion. In addition, Kantar shall be entitled to remove any content or feature from a Product for any reason without notice and shall have no responsibility or liability to the Client except to refund pro-rata any Fees paid in advance in respect of any significant content or features removed (unless Kantar has offered an alternative similar content or feature) except where the removal is required to comply with applicable laws.
2.6 Kantar may at its sole discretion suspend or terminate an Authorised User’s account if it reasonably believes that the Client or any of its Authorised Users is in breach of the Agreement.
3. Orders
3.1 An Order may be agreed on Kantar Marketplace itself and in such circumstances shall be legally binding at the earlier of when you click accept or if earlier, pay the Fee; or we may discuss the Products and Fee with you offline, and enter into an Order to reflect the agreed discussions, and in such circumstances shall be legally binding at the earlier of when you acknowledge agreement to the Order, sign the Order or pay the Fee.
3.2 The Agreement governs the provision of the Products. No other terms and conditions, (including, without limitation, your own terms, terms referenced on your PO, or those implied), will apply unless we have agreed in writing. The Client specifically acknowledges that it did not enter into the Agreement in reliance upon any agreement, promise, representation or understanding made by or on behalf of Kantar that is not contained in the Agreement.
3.3 Either party may terminate an Order immediately, if the other party breaches a material obligation of the Agreement and fails to remedy the breach within thirty (30) days of written notice being given to the breaching party; or the other party cannot pay its debts as they fall due, has a petition for winding up or an administration order presented against it or passes a resolution for winding up or calls any meeting of its creditors or proposes to make any arrangement with its creditors, has a receiver (administrative or otherwise) or an administrator appointed over all or any part of its business or assets, or goes into liquidation or any event having a similar effect to any of the foregoing applies to a party under the laws of any jurisdiction.
4. Rights to use Kantar Marketplace and the Products
4.1 Subject to these Kantar Marketplace Terms, Kantar hereby grants to the Client a revocable, limited, non-exclusive, non-transferable, non-sublicensable right to permit the Authorised Users to access and use the Products solely for the Client’s internal business purpose/operations during the term of the Order unless otherwise specified in the applicable Product terms. No rights, including IP Rights, in the Product transfers to the Client.
4.2 Certain Products as identified in the Product Terms are subject to the additional requirements of the Product Terms.
4.3 All Products which include artificial intelligence systems or tools are subject to the AUP. Due to the nature of artificial intelligence services generally, Output may not be unique, and other users may receive similar content from use of the Products.
4.4 If the Client wishes to publish publicly any advertising, public statement, marketing material or press releases or share information relating to the Products with third parties (a Public Statement), it shall obtain the prior written approval of Kantar. If the Client fails to obtain approval then without prejudice to any other right or remedy available to it, Kantar shall have the right to make its own public statement without being in breach of any publicity or confidentiality obligations to the Client.
4.5 The Client shall: (a) provide Kantar with all necessary co-operation in relation to the Agreement and information as may be required in order for Kantar to provide the Products; (b) comply with all applicable laws and regulations with respect to its activities under and in connection with the Agreement including applicable data protection and privacy laws; and (c) give approvals and provide all required information in a timely and efficient manner, and Kantar shall not be liable for any delays to any indicative or agreed timetable to the extent that such delays are caused by an act or omission by the Client.
4.6 The Client shall not: (a) remove any proprietary notices or labels, watermarks or branding of Kantar from the Products; (b) input all or part of the Outputs into any third-party hosted or externally accessible large language model, machine learning model, foundation model, generative artificial intelligence system, or any other process commonly referred to as artificial intelligence for the purposes of developing, improving, training, testing or supporting such models or systems to generate any data, synthetic data or content or to synthesize or combine with any other data or content; (c) distribute, rent, share, lease, copy, sell or sublicense access to the Products to any third party; (d) use the Products for any unlawful purpose; (e) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of Kantar Marketplace or the Products except as permitted by applicable law not capable of exclusions under applicable laws; (f) use or access Kantar Marketplace or the Products to build or support, and/or assist a third party in building or supporting, products or services competitive to Kantar; (g) use Kantar Marketplace or the Products in any manner that could damage, disable, overburden, impair, obstruct or otherwise interfere with our provision of Kantar Marketplace or the Products or our business; (h) use Kantar Marketplace or the Products to store or transmit computer viruses or other harmful code; (i) interfere with or disrupt the integrity or performance of Kantar Marketplace or the Products; (j) unless otherwise agreed in writing by Kantar, use the Products to provide services to third parties; (k) use, or facilitate, authorise or permit the use of, any robot, bot, spider, scraper, offline reader crawler or other automated device, program, technique, tool, process, algorithm or method whether for data gathering, mining, collection, reading, scraping, extraction or other purposes on or in relation to Kantar Marketplace; and/or (l) attempt to gain unauthorised access to Kantar Marketplace or the Products or related systems or networks.
4.7 Kantar may make available to the Client, at no additional cost, a service, feature, functionality or product that is designated as beta, pilot, limited release, no-production, evaluation or developer preview (a Beta Service). If the Client opts to join a Beta Service test group, at its sole discretion, the Client acknowledges that the Beta Service is intended for evaluation purposes, is made available on an “as is” basis and Kantar excludes any representations, warranties or conditions of any kind, whether express or implied, and delivery of the Beta Products may be subject to the Client’s agreement to additional terms. Beta Products are not considered “Products” under the Agreement, however the Client’s obligations and responsibilities shall apply to the Beta Products. The Client acknowledges and agrees that Kantar may discontinue Beta Products at any time in its sole discretion and may never make them generally available.
4.8 Kantar shall be free to useall suggestions, comments, recommendations, improvements or any other feedback provided by the Client to Kantar including those relating to the Products and/or Kantar Marketplace.
5. Client Materials
5.1 The Client shall not provide to Kantar through Kantar Marketplace or otherwise any Client Materials that: (a) are unlawful, harmful, threatening, defamatory, obscene, infringing of any third parties’ rights, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; (f) is otherwise illegal or causes damage or injury to any person or property; or (g) seeks to elicit, solicit, collect, detect, use or disclose any information that alone or in combination with other data could identify or locate an individual.
5.2 The Client shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Client Materials.
5.3 All IP Rights in the Client Materials remain vested in the Client or its licensors. The Client grants Kantar a licence to use, perform, display, execute, distribute, transmit, modify (including create derivative works), import, the Client Materials for the purposes of delivering the Products. Kantar shall be entitled, both during and after the termination or expiry of the Order to use the Client Materials and all findings, analyses, data, research results and records resulting from the Agreement or collected in the course of or in connection with providing the Products for its and its Affiliates’ own business purposes, including as part of their own database, to improve functionalities of relevant products, for purposes of establishing industry norms, conducting case studies and industry learnings, and in connection with any relevant legal dispute. We may use AI tools to exercise these rights.
5.4 The Client warrants to Kantar that it has all necessary rights to provide the Client Materials to Kantar and that the use by Kantar of the Client Materials in connection with the Products will not infringe the IP Rights or any other rights of any third party.
5.5 Kantar may sub-contract the development and provision of the Products, and accordingly Kantar has the right to sublicense the licence set out in Clause 5.3. Kantar shall remain liable for the acts and omissions of its subcontractors under the Agreement.
6. Fees and Payment
6.1 As determined by Kantar or otherwise agreed in the Order, the Fee shall either be due on placing the Order, or within thirty (30) days from the date of the applicable Kantar invoice.
6.2 If the Fee is due on placing the Order, Kantar will not be obliged to provide the Product unless it is in receipt of the relevant Fees.
6.3 If Kantar submits an invoice for the Fee, and the invoice is not paid by the due date, it shall be subject to a late charge at the rate of 1.5% per month. The Client shall notify Kantar within ten (10) days from the date of invoice if the Client disputes all or part of an invoice. The Client shall provide written reasons for such dispute and the parties shall attempt in good faith to resolve any dispute within thirty (30) days of the notice of dispute.
6.4 The Client shall pay Kantar all costs of debt collection (including reasonable attorneys’ fees) incurred and any such interest or costs promptly on demand.
6.5 The Client may choose to purchase individual credits or a pre-determined package of credits to purchase certain Products, bundles of Products or parts of a Product. Credits will show in your account balance and you can select the amount of credits to apply to your purchase of a Product. You must have sufficient credits to purchase Products. All credits must be used within 12 months of purchase. After 12 months from date of purchase, the unused credit will be deleted from the total credits available and Kantar shall have no liability to you in relation to such deleted credits and no refund of deleted credits shall be made to you. Credits are not transferable. If your credit balance is below the Fee due for the Products, you must purchase additional credits to exchange for the Product.
6.6 All card payments are subject to authorization by the credit/debit card holder’s card issuer. During the checkout process, the Client will be asked to enter payment details. Kantar engages a PCI DSS certified third party to process credit/debit card payments and Kantar does not collect or retain credit/debit card information. By completing the payment details, the individual using an Authorised User account confirms it is acting on behalf of the Client and confirms the Client’s right to use the credit/debit card. All fields indicated as compulsory must be completed. Kantar may collect and store the Client’s information using a secure payment mechanism.
6.7 All Fees quoted exclude Value Added Tax, Goods and Services Tax or any other sales tax and/or any other required taxes or duties, which shall be applied, if applicable. Fees shall be paid in the currency set out on Kantar Marketplace; and shall be paid without set-off, deduction or withholding and in the event that the Client is obliged under any applicable law to make any deduction or withholding, including, in respect of withholding or income taxes which Kantar cannot recover within a reasonable timescale, Kantar shall increase the Fees by the amount necessary to ensure that it receives the Fee as a net payment and the Client shall pay the increased or additional Fees.
7. Confidentiality
7.1 Each party undertakes that it shall not (whether during or after termination of the Agreement) disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by this Clause 7.
7.2 Each party may disclose the other party’s confidential information: (a) to its employees, officers, representatives or advisers (“Representatives”) who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with the Agreement. Each party shall ensure that its Representatives to whom it discloses the other party’s confidential information comply with this clause 7; and (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
7.3 Neither party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Agreement.
8. Disclaimer of Warranties
8.1 KANTAR SHALL PROVIDE THE PRODUCTS IN ACCORDANCE WITH APPLICABLE LAWS, AND SHALL USE REASONABLE SKILL AND CARE TO PROVIDE THE PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, KANTAR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND UNDER THE AGREEMENT WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, AVAILABILITY, TIMELINESS, QUALITY, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2 YOU AGREE AND ACKNOWLEDGE THAT KANTAR MARKETPLACE IS PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," AND "WITH ALL FAULTS". OTHER THAN AS SPECIFICALLY SET FORTH HEREIN, KANTAR MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE.
8.3 KANTAR MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE PRODUCTS.
8.4 NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CLIENT FROM KANTAR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE CLIENT.
8.5 ANY CONCLUSIONS, FINDINGS, OR RECOMMENDATIONS (“CONCLUSIONS”) IN THE PRODUCT ARE SOLELY AND EXCLUSIVELY AN OPINION AND ARE BASED ON VARIABLE ASSUMPTIONS USED IN THE FIELD OF MARKET RESEARCH, DATA ANALYTICS AND FORECASTING AND ARE BASED ON A CONTROLLED TEST ENVIRONMENT. WHILE CONCLUSIONS ARE THE RESULT OF ANALYSIS, CONCLUSIONS CONSTITUTE A SINGLE FACTOR AMONG MANY TO BE TAKEN INTO ACCOUNT BY THE CLIENT. CONCLUSIONS ARE PREPARED FOR THE CLIENT’S INTERNAL USE ONLY AND KANTAR EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY USE OF OR RELIANCE ON CONCLUSIONS BY ANY THIRD PARTIES. IN NO EVENT SHALL KANTAR BE LIABLE TO THE CLIENT (OR ANY THIRD PARTIES) FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO ANY CONCLUSIONS MADE BY KANTAR IN RELATION TO THE PRODUCTS. THE CLIENT HEREBY ACKNOWLEDGES THAT IT SHALL BE SOLELY RESPONSIBLE FOR THE CONSEQUENCES OF ANY ACTION TAKEN BY IT BASED ON CONCLUSIONS OR THE INTERPRETATION OF SUCH CONCLUSIONS.
9. Limitation of Liability
9.1 Neither party will be liable to the other party (or to any person or entity claiming through the other party) for any special, incidental, indirect, consequential, exemplary or punitive damages or any lost profits arising out of or in any manner connected with the Agreement, regardless of the form of action and whether or not such party has been informed of or otherwise might have anticipated the possibility of such damages.
9.2 In no event shall Kantar’s aggregate liability arising out of or relating to the Agreement, regardless of the basis including breach of contract, tort (including negligence) or otherwise on which a party is entitled to claim damages from the other party exceed 125% of the amount of fees paid to Kantar by the Client for the relevant Product in the 12 month period before the date of the claim arose.
9.3 Nothing in the Agreement limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be excluded.
10. Indemnity
10.1 The Client shall, at the Client’s sole expense, indemnify, defend and hold Kantar, its Affiliates and their respective officers, directors, employees and agents harmless from and against any loss, cost, damages, liability or expense arising out of or relating to or arising directly or indirectly out of or in connection with: (i) the Client’s use of the Products, including its reliance on any information or materials in the Products; and/or (ii) the Client’s breach of the Agreement.
11. Compliance
The Client shall and shall procure that its Affiliates, associates, agents and subcontractors and each of their respective directors, employees, beneficial owners, agents and intermediaries shall:
11.1 comply with applicable Sanctions Laws and that in connection with this Agreement, it will not engage in any activity, practice or conduct which would constitute an offence under Sanctions Laws;
11.2 not do or omit to do anything that will place Kantar and/or its Affiliates in breach of any Sanctions Laws; and
11.3 not use directly or indirectly the services, or any funds, or otherwise make available any services received under this Agreement, to or for the benefit of any Sanctioned Party, or in any country or territory subject to applicable sanctions, in breach of Sanctions Laws.
12. General
12.1 Neither party shall be in breach of the Agreement, nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement (except for the Client’s obligations to pay fees and expenses), if such delay or failure results from Force Majeure. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations.
12.2 Neither party may assign or transfer any part of the Agreement without the written consent of the other party, except assignment of the Agreement in its entirety or in part to: (i) an Affiliate; (ii) a party’s successor pursuant to a merger, reorganization, consolidation or sale; or (iii) an entity that acquires all or substantially all of a party’s assets. If the assignment is made by either party to a competitor of the other party (to be determined by the other party acting reasonably), then the parties agree that the non-assigning party may terminate the Agreement immediately on written notice.
12.3 The parties are independent contractors and nothing in the Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between them, constitute any person as the agency of another, nor authorise the other party to make or enter into any commitments for or on behalf of the other.
12.4 All notices under the Agreement shall be given by email in the case of Kantar to kantarmarketplacesupport@kantar.com and in the case of the Client, the email address of any of the Authorised Users.
12.5 The rights and remedies provided for in the Agreement are cumulative and shall be in addition (not in lieu of) to any other rights and remedies provided by law or in equity.
12.6 A waiver must be in writing and signed by an authorised representative of the waiving party to be effective. A failure to require the strict performance of any obligation under this Agreement or a failure to exercise (or a delay in exercising) any right or remedy under the Agreement shall not constitute a waiver of that obligation or of that right or remedy.
12.7 If any provision of the Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Agreement and the others shall remain in full force and effect.
12.8 The provisions of the Agreement that, by their nature and content, must survive the completion, rescission, termination or expiration of the Agreement in order to achieve the fundamental purposes of the Agreement shall so survive and continue to bind the parties.
13. Governing Law & Jurisdiction
13.1 Where the Kantar contracting entity is registered in the United Kingdom, Europe, the Middle East or Africa, the Agreement will be governed by and construed with the laws of England and Wales and the courts of England and Wales will have the exclusive jurisdiction for all disputes between the parties arising out of or in connection with the Agreement.
13.2 Where the Kantar contracting entity is registered in North America, the Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. The parties hereby agree that any disputes, claims, or controversies arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York. Each party hereby submits to the personal jurisdiction of such courts and waives any objection to venue or personal jurisdiction in such courts. EACH PARTY HEREBY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY DISPUTE, ACTION, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13.3 Where the Kantar contracting entity is registered in the People’s Republic of China or Asia Pacific, the Agreement will be governed by the laws of Singapore and the courts of Singapore will have the exclusive jurisdiction for all disputes between the parties arising out of or in connection with the Agreement.
13.4 Where the Kantar contracting entity is registered in Central and South America, the Agreement will be governed by the laws of Brazil and the courts of Brazil will have the exclusive jurisdiction for all disputes between the parties arising out of or in connection with the Agreement.
13.5 Nothing in this clause prevents either party from seeking injunctive relief in any appropriate jurisdiction with respect to violation of IP Rights.
Annex Product Terms
BrandSnapshot
Kantar may reject any user who applies to register to access BrandSnapshot at its sole discretion, in particular if Kantar considers that the user is employed or otherwise engaged by a company Kantar considers to be a competitor.
The Client has the right only to view and use BrandSnapshot for internal purposes. The Client may also use BrandSnapshot that relates specifically to the company that the Client works for (as identified in the registered email address) in analysis, marketing and research material, provided that the Client credits Kantar as the source of such content.
In addition to any right or remedy that may be available to it under the Agreement or applicable law, Kantar may suspend, limit or terminate the Client’s account, or all or a portion of its access to all or part of BrandSnapshot at any time with or without notice and with or without cause.
Market Research Respondents
The Client acknowledges that the Product will involve individuals responding to market research questions and stimuli and otherwise providing contributions which may be used or incorporated into various Products for the benefit of Kantar’s clients (“Respondents”). The Client acknowledges that, given the nature of the Products, Kantar shall not be liable for the acts of such Respondents and such Respondents shall not be considered sub-contractors of Kantar in connection with the Agreement.
Respondent Data means all materials provided by Respondents including answers to survey questions.
The Client shall not be entitled to receive Respondent Data, however the Client may be entitled to receive aggregated final results of the applicable study, subject to applicable privacy laws and any other limitations on use set forth herein or in the applicable licence agreement, and may also receive qualitative conclusions that are determined from, derived from, or based upon the respondent level answers to survey questions in a manner that does not identify any particular individual.
The Client acknowledges and agrees that:
- the response rates to surveys or questionnaires cannot be predicted and are not guaranteed by Kantar;
- all figures contained in the Product will be estimates derived from sample surveys and subject to the limits of statistical errors/rounding up or down;
- unless stated to the contrary in the Order, data collection sample achievement will be within a margin of +/- 5% of the stated numbers;
- the results of qualitative research cannot be projected onto the overall population due to sample selection, interviewing methods and sample size;
- the Product consists of the results of research, analysis and opinions utilising methods and practices which Kantar deems appropriate;
- all statements, facts, information, analyses, interpretations and opinions contained in any report are provided ‘as-is’ and are made without representation or warranty as to the accuracy, completeness, usefulness, merchantability, fitness for a particular purpose, or otherwise;
- it shall be solely responsible for its interpretation of the Output and any actions taken as a result.
Social Media Reports
As between the parties, neither party shall be restricted in its use of data that is publicly available online including on social media such as (i) content on websites such as Facebook, Instagram, Snap, TikTok, LinkedIn, YouTube, X, Pinterest, Reddit (ii) content on websites of editorial content providers of sponsored stories and branded content, such as BuzzFeed; and (iii) editorial content used on blogs and other advertorial content, together (“Social Media Data”).
Reports may include and be based upon Social Media Data. Notwithstanding anything in the Agreement to the contrary: (i) Social Media Data shall not be deemed to be the property of Kantar or the Client; (ii) Kantar does not make any representations or warranties regarding Social Media Data, including its accuracy and completeness.