Terms & Conditions of Use

In the course of using Services, you may submit content to ZooWise systems (including personal data or personal data of others) or third parties may submit content to you through the Services (your 'Content') provided for you. By giving your Content, you are trusting that this information will be treated appropriately. ZooWise’s Privacy Policy, together with any data use policies, privacy statements and privacy notices (collectively, 'privacy policies'), detail how your Content and personal data will be treated, and we agree to adhere to those privacy policies. You agree that if you as a customer operate as a “data controller”, as defined under the European General Data Protection Regulation 2016/679 (known by the abbreviation “GDPR”) , you are in compliance with your obligations, that are shown in additional detail on the correspondent Section 15. It is your responsibility to ensure data privacy.

Your Content will be treated as confidential information and only used and disclosed in accordance with these Terms (including privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by the Project Facilitator; (b) was lawfully known to the Project Facilitator before receiving it from you; (c) is received by the Project Facilitator from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by the Project Facilitator without reference to your Content. It is, therefore, your responsibility to ensure confidentiality.

You retain ownership of all of your intellectual property rights in your Content. The Project Facilitator does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide Services, and as otherwise described in these Terms.

You grant the Project Facilitator a worldwide, royalty free license to use your Content for the limited purposes of providing Services to you and as otherwise permitted by ZooWise’s privacy policies. This license for such limited purposes continues even after you stop using the Services, though you may have the ability to protect your Content in relation to certain Services. This license also extends to any trusted third parties we work with to the extent necessary to provide Services to you. If you provide the Project Facilitator with feedback about the Services you receive, your feedback may be used without obligation. The license you grant the Project Facilitator includes, but is not limited to, the use of your institutional logos and trademarks relevant to the Services you receive in presentations, websites and/or marketing materials.

If you believe that your work has been, or is currently being, used in a way that constitutes copyright infringement, you should notify ZooWise's support teams in the first instance before pursuing further action. It is, therefore, your responsibility to ensure copyright has been communicated.

ZooWise representatives and Delivery Partners will respect the intellectual property rights of others and expect Service users to do the same. If you believe another user is infringing upon your intellectual property rights, you may report it to our support team. Claims of copyright infringement should follow the suitable process available under local law.

Neither these Terms nor your use of Services grants you ownership of our Services or the content you access through Services (other than your own Content). Except as permitted in writing by Technology Provider, these Terms do not grant you rights to Technology Provider’s trademarks, other brand elements, or any unique solution we have provided to you.

Services may display content provided by others that is not owned by ZooWise delivery partners. Such content is the sole responsibility of the entity that makes it available. Accordingly, you are responsible for your own Content and you must ensure that you have the rights and permissions needed to use that Content in connection with Services. Actions you take with respect to your Content is your responsibility, including sharing it publicly. Please do not use content from Services unless you have first obtained permission of its owner, or are otherwise authorised by law to do so.

You acknowledge that the Delivery Partners may review certain content submitted to or collected by Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, remove, or refuse to display content that we believe violates the law or these Terms. However, neither the Project Facilitator, nor Technology Provider, has no obligation to monitor or review any content submitted to or collected by Services. It is, therefore, your responsibility to review all content in advance to its use.

The Delivery Partners may publish links in its Services to internet websites maintained by third parties. The Delivery Partners do not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with Services are the property of their respective owners.

If you have been issued an account by Delivery Partners in connection with your use of our Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Technology Provider, are responsible for any activity occurring in your account (other than activity that the Project Facilitator is directly responsible for, which is not performed in accordance with the Customer’s instructions), whether or not you authorised that activity. If you become aware of any unauthorised access to your account, you should notify ZooWise representatives immediately. Accounts may not be shared and may only be used by one individual per account. It is, therefore, your responsibility to ensure your passwords are kept secure.

ZooWise occasionally sends notices to the e-mail address registered with your account. You must keep your e-mail address and, where applicable, your contact details associated with your account current and accurate. It is, therefore, your responsibility to ensure account details are accurate.

You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, ZooWise representatives and Delivery Partners will not be liable for any failure to store your contents, or for loss or corruption of your Content. It is, therefore, your responsibility to ensure proper data backup in place.

ZooWise representatives and/or Delivery Partners may suspend your account and remove content contained in it if there is no account activity (such as a log in event, survey submission, or payment) for over 12 months, unless it has been previously agreed in writing. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

If you are an individual, you may only use Service if you have the power to form a contractual agreement with Project Facilitator or this power is waived by consent of a Contracted Agent, such as the Institution or Public Body collecting data on its own behalf. None of our Services are intended for use by individuals less than 13 years old. If you are under 13 years old or do not have the power to form a contractual agreement with Project Facilitator, you may not use Services. We recommend that parents and guardians directly supervise any use of Services by minors.

You must use Services in compliance with and only as permitted by applicable law.

You are responsible for your conduct, Content, and communications with others while using the Services.

If your use of Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless ZooWise representatives and/or Delivery Partners agree with you otherwise. You may not use Services in a way that would subject ZooWise, Technology Provider and/or Project Facilitator to those industry-specific regulations without obtaining prior written agreement. For example, you may not use Services to collect, protect, or otherwise handle “protected health information” without entering into a separate contractual agreement with Project Facilitator that permits you to do so.

While using Services, you agree not to engage in any of the following prohibited activities:

You can terminate your Subscription by writing to the administrative team expressing your willingness to terminate the subscription services. The termination will become effective within a period of up to 72 hours and will entail the loss of access and deletion of data stored by ZooWise, Project Facilitator and/or Technology Provider on your behalf. If you terminate a Service Agreement in the middle of a cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for a breach and have so notified us in writing, or unless a refund is required by law.

Services may limited, suspended, or stopped if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use Services in a way that causes legal liability to us or disrupts others’ use of Services. ZooWise representatives may also suspend providing Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavour to provide you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where ZooWise representatives may decide that immediate action is required without notice. The ZooWise has no obligation to retain your Content upon termination of an applicable Service.

These Terms may change at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. Changes may also be provided via notification by email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require ZooWise to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use Services you indicate your agreement to be bound by the updated terms.

Services constantly change and improve, which may include adding, altering, or removing functionality from a Service at any time without prior notice; this may also include limiting, suspending, or discontinuing a Service at its discretion. If ZooWise discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service; representatives may remove content from Services at any time in sole discretion or Delivery Partners, although we will endeavour to notify you before we do that to reduce any material impact on you and if practicable under the circumstances.

Except as expressly provided in these terms and to the extent permitted by applicable law, Services are provided 'as is' and ZooWise representatives make no warranties of any kind, expressed, implied, or statutory, including those of merchantability, fitness for a particular purpose, and non-infringement or any regarding availability, reliability, or accuracy of the services.

To the extent permitted by applicable law, Project Facilitator , its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, including damages for lost profits, loss of use, loss of data, arising out of or in connection with Services and these terms, and whether based on contractual agreement, tort, strict liability, or any other legal theory, even if Project Facilitator has been advised of the possibility of such damages and even if a remedy fails of its essential purpose. ZooWise representatives will attempt to limit liability if such action can be taken without adverse affect.

To the extent permitted by applicable law, the aggregate liability of Project Facilitator and Technology Provider, its affiliates, officers, employees, agents, suppliers, and licensors arising out of or in connection with Services and these terms will not exceed the amounts paid by you to ZooWise for use of Services at issue during the 3 months prior to the event giving rise to the liability.

We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

If you are a business, you will indemnify and hold harmless Project Facilitator and Technology Provider and affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.

Unless otherwise specified in relation to a particular Service, Services are provided by, and you are contracting with, if you are in the Eurozone, Institute for Methods Innovation, a registered CIO Foundation with the Charity Commision in England, or Institute for Methods Innovation, INC, a non-profit registered in California, if you are in the United States, Canada, and South America.

For any Service provided by Institute for Methods Innovation, the following provisions will apply to any terms governing that Service:

For any Service provided by Institute for Methods Innovation, CIO the following provisions will apply to any terms governing that Service:

You may not assign these Terms without’s prior written consent, which may be withheld in Project Facilitator’s sole discretion. Project Facilitator may assign these Terms at any time without notice to you.

These Terms (including the Additional Terms) constitute the entire agreement between you and Project Facilitator, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.

The relationship between you and Project Facilitator is that of independent contractors, and not legal partners, employees, or agents of each other.

The use of the terms 'includes', 'including', 'such as', and similar terms, will be deemed not to limit what else might be included.

A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to Services to which the Additional Terms apply.

If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

There are no third party beneficiaries to these Terms.

These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.

If you are located in one of the following locations, the terms thereunder apply.

These terms apply to you if you are a customer of Project Facilitator and the ZooWise research initiative operating as a “data processor” (as defined in the GDPR) in order to use the Services.

When “personal data”, “data subject”, “processing” and “processor” are mentioned in the terms below, the meaning of those terms corresponds to that given in the GDPR.

These terms apply to you from 25 May 2018.

Your agreement to the Terms and ZooWise's privacy policies provides us your instructions and avail to process on your behalf any personal data collected by you while using the Services

You shall ensure and hereby warrant and represent that you are entitled to transfer personal data to ZooWise, Project Facilitator and/or Technology Provider who may lawfully process it and transfer the personal data in accordance with these Terms. Whenever you are providing personal data on data subjects you shall ensure that they have been informed of, and have given their consent to, such use, processing, and transfer, as required by data protection laws. You have sole responsibility for the accuracy, quality and legality of personal data processed by ZooWise and Delivery Partners in the provision of the Services.

ZooWise research initiative, Project Facilitator and/or Technology Provider ensures that the processing of personal data on your behalf will:

ZooWise and Project Facilitator use technology and services provided by Technology Provider. Technology Provider uses trusted partners in facilitating certain elements of Services (“sub-processors”). By agreeing to these Terms, you provide a general authorization to Technology Provider to engage onward sub-processors, subject to compliance with the requirements set out here.

Technology Provider will be liable for the acts and omissions of its sub-processors to the same extent that Technology Provider would be liable if performing the services of each of those sub-processors directly under these Terms, except as otherwise set forth in these Terms.

Technology Provider has implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk of unauthorized or unlawful processing, accidental loss of and/or damage to your personal data and as specified in this Security Statement which is incorporated by reference into these Terms. At reasonable intervals, Technology Provider tests and evaluates the effectiveness of these technical and organizational measures for ensuring the security of the processing.

If Technology Provider becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data, Technology Provider will notify you within 72 hours of becoming aware of the Incident. Technology Provider provide cooperation with investigations related to the security Incident with preparing any required notices, and provide any other information that is reasonably to be requested with the purpose of the resolution of the incident, where such information is not already available to you in your account or online through updates provided by Technology Provider.

You will allow one month for Technology Provider to respond to any audit request which you make. No person/party conducting an audit on your behalf, shall be, or shall act on behalf of, a competitor of Technology Provider (“Auditor”). You will only be entitled to conduct an audit once per year (during the course of a 12 month subscription) unless otherwise legally compelled or required by a regulator with established authority over you to perform or facilitate the performance of more than 1 audit in that same year (in which circumstances you and Technology Provider will, in advance of any such audits, agree upon a reasonable reimbursement rate for Project Facilitator’s audit expenses). The scope of an audit will be as follows (unless you are compelled by a regulator with authority over the processing activities involving the Services to vary this format for audit):

The parties agree that, except as otherwise required by order or other binding decree of a regulator with authority over you, this section sets out the entire scope of your audit rights as against Technology Provider.

Technology Provider may rely for some specific services on standard contractual clauses for data transfers to other third parties based in countries outside the European Economic Area, the United States, or countries that do not have adequate levels of data protection as determined by the European Commission. To the extent applicable, you appoint Technology Provider as your data processing agent for purposes of entering into any standard contractual clauses for such purposes on your behalf under these Terms.