LEGAL INFORMATION & GENERAL CONDITIONS

Legal Information

  • The site is published by the company Givaudan France SAS, located at 55 VOIE DES BANS 95100 ARGENTEUIL
  • 01.39.98.15.15.
  • The company Givaudan France SAS is registered under number 562063057 with the RCS of PONTOISE
  • VAT number: FR62562063057
  • Publication director's name: Valérie BLANCHARD-PRADERE;
  • The website is hosted by the company TOLUNA SAS 1b rue Collange, 92300 Levallois Perret.

General Conditions of the Community Panel

Introduction

Welcome to the website (« site ») published by the company Givaudan France SAS and entitled "SENSES-CLUB". These general conditions (the "Conditions") define the terms of agreement between the company Givaudan France SAS (hereafter referred to as "SENSES-CLUB" or "us") and each user ("you") governing your use of this site. Please read these conditions carefully before using the site. By using the site and by agreeing to these general conditions, you accept that you are bound by the general conditions contained in this document. If you do not accept these Conditions, you can neither access the site, register on it to open a member account nor use this site.

 

Givaudan reserves for itself the right to refuse, to suspend or terminate a panellist's membership, if the quotas are reached

Givaudan will inform the participant of the termination of the present contract by sending an email and on no account may such a refusal give rise to complaint or a claim for compensation of whatever form. 

At its sole discretion, SENSES-CLUB reservesthe right to change, modify, add to or remove any part of these Conditions, including the SENSES-CLUB privacy policy at any time. The date of the "Last update" indicated at the top of these conditions will indicate the date when the last modifications were applied. By continuing ot use the site after modifications are applies to the Condition means that you accept these modification. Furthermore, when using the specific services or features on this site, you may be subject to the directive or policies displayed which are applicalbe to these services or features which may be displayed occasionally. Hereby, all these directives and policies are incorporated as references to these Conditions. As long as you conform to these Conditions, SENSES-CLUB shall grant you the personal, non-exclusive and non-transferrable privilege of accessing the site and to use it.

Eligibility

Membership to this site is free; it is open only to individuals (not to businesses or other commercial entities), aged at least eighteen (18) or any other age required depending on the geographical location. Membership to certain surveys may be more restrictive, especially in cases of pregnancy or known allergies, depending on your age or your geographical location. You are authorized only to have one account.

Your member account

Even though you may access this site without having a member account, in order for an account to be set up in your name and for you to be able to participate in the surveys (as defined below), you must fill out the registration form available online. To open an member account, you must provide SENSES-CLUB with your full valid contact information, including your full first and last name, your residential address, your valid electronic address and any other information requested. Your account must be associated with a single valid electronic address and password.

You commit to provide only accurate, up-to-date and full registration information. SENSES-CLUB may terminate or suspend your membership and you may lose your points if your personal information is not accurate, complete and up-to-date.

You may use only one (1) password to open and access your account; you may not use the password belonging to another account holder or authorize anyone to use your password for any reason whatsoever. You alone are responsible for the security of your username and password as well as all activity related to your member account, whether or not it is authorized. SENSES-CLUB assumes no responsibility for any loss suffered as a result of using your password by a third party, unless if the unauthorized use is directly imputable to serious negligence or deliberate misconduct by SENSES-CLUB. You commit to immediately inform SENSES-CLUB of any unauthorized use or violation of your member account.

If you forget your password, you may request it to be sent to you by email by SENSES-CLUB by using the forgotten password request procedure on the site. This procedures involves entering your username and using the electronic address you provided when you registered (or the new address if you have updated it).

By signing up as a member of the site, you agree to receive invitations to panels by email and to participate in surveys performed by SENSES-CLUB ("surveys"). SENSES-CLUB does not guarantee that you will receive an invitation or a certain minimum number of invitations. Your participation in the surveys and any personal information you may choose to disclose is entirely voluntary.

SENSES-CLUB reserves the right to monitor all of its members' activity on the site. If required by law, if you have infringed in our code of conduct below, if your account shows signs of fraudulent, abusive or suspiciou activy, or even if we should judge it necessary, you member account may be terminated. If it turns out that you have partaken in fraudulent activity SENSES-CLUB reserves the right to undertake any legal action necessary, and based on this, to confiscate any rewards acquired resulting from such activity. Furthermore, you may be held responsible for financial loss suffered by SENSES-CLUB, including legal fees and any potential damages and interests, and you will not be authorized to participate in SENSES-CLUB in the future.

You may cancel your account at any time by contacting SENSES-CLUB at the address ARGENTEUIL.PANELCONSUMER@GIVAUDAN.COM or by clicking the "Termination" link on the site. You count will also be cancelled if you withdraw from the site or if you cancel your registration on the site. Your account will be closed immediately after deleting it or after you withdraw from the site. You understand and agree that, as indicated above, after closing your account, your right to access your member account and your participate in surveys shall end. SENSES-CLUB may terminate your member account at any time for any legitimate reason.

Rewards

SENSES-CLUB appreciates its members' opinions, and to thank them, offers rewards in the form of points. Other information about the SENSES-CLUB reward program is available at Reward page.

Points and redeeming

When you answer a survey, you can receive points which will be added to your account within 30 days following the end of the survey. The number of points you receive after finishing each survey may vary and will be mentioned before they begin.

We may offer games with prizes for randomly selected participants instead of points (which we will mention clearly in the invitations to participate in these games and we will provide a direct link to the rules and regulations of the games).

Points may be redeemed for a variety of items which may change occasionally at our sole discretion. We reserve the right to modify the structure of the point value or other bonuses when recruiting for a study. We also reserve the right to rule on any discrepancies relating to points, at our sole discretion, and you agree to respect such a ruling. In case the points program should end, you will be informed and you will have timeframe of 30 days when you may redeem your points.

Should you terminate or cancel your member account, your ability to redeem points shall end immediately and any points which may have accumulated shall be immediately removed from your account.

We will take reasonable precautions to ensure that points are added accurately on your account; however, it is your responsibility to ensure that the balance of your account is accurate. You must inform us in writing of any error within 30 days from the date the error has occurred. Points have no monetary value and can in no way be sold or transferred to a third party. Points can only be redeemed for the items indicated on the "SENSES-CLUB Rewards" page. The responsibility with regard to any applicable tax imposed by a government for any amount of money you may win or donate through the redeeming of points is yours exclusively.

Work relations

You must have the computer equipment and communications necessary to connect to and access the site. You agree that neither your membership to the site nor your participation in the surveys for SENSES-CLUB will create any representation, partnership, association or employer-employee relationship, and that your participation in surveys shall occur strictly as an independent contractor. You also agree that any reward you receive for participating in the surveys will be the only compensation you will receive for having participated in these surveys.

Member code of conduct

SENSES-CLUB is an online community panel that lets you have your voice heard and to let large providers of products and services know what you think. Whenever you use and post content on the site, you must respect the following rules:

  • Be courteous and respect the opinions of others, and behave in such a way to ensure a safe and comfortable environment for all members.
  • Never post the following elements:

    • Material recommending illegal activity or which may infringe on political, religious or ideological convictions.
    • Personal attacks (including "jokes" which may be misinterpreted) as well as obscene, vulgar, illegal, harmful, insulting, threatening, abusive, harassing, slanderous, libelous, false or misleading statements or which may infringe on the privacy of another person.
    • Advertising and solicitations: do not use the community areas to purchase or solicit goods, services or money or to advertise or sell products or services to others. For example, do not post announcements, recommendations, promotional materials, unwanted messages, "spam", chain letters, pyramid schemes or any other form of solicitation.
    • Any content that violates a patent, copyright, trademark, commercial secret or any other right relating to the intellectual property of others.
    • Any declaration that expresses or suggests that any of the actions you undertake are approved by SENSES-CLUB.
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  • Do you take any survey in a way other than in good faith, i.e. by providing false responses, by accelerating them to quickly finish the survey or by responding to each question the same way. SENSES-CLUB reserves the right to withhold the rewards meant for you if according to the reasonable opinion of SENSES-CLUB, you responses turn out to be misleading or poorly motivated.
  • Do not access or use a part of the site for other purposes than your personal non-commercial use.
  • Do not access any other part of the site and do not use it in a way which may violate a law or applicable state, federal or international regulation or any other governmental requirement and/or regulation, treaty or tariff law.
  • Please do not resell, exchange, commercialize or otherwise attempt to generate income by providing others with access to your member account.
  • Do not usurp the identity of an individual or entity, including and non-exhaustively, those of an employee, representative or customer of SENSES-CLUB or other members of SENSES-CLUB or do not false represent your affiliation to any person or entity, including "staging" any part of the site in order to give the impression that you have any relationship with us or that we have approved you in any way whatsoever.
  • Do not attempt to circumvent the site or any security measure used on the site, including by asking other members to improve your ranking or by posting content that does not answer the question or by asking any question whatsoever to gain rewards.
  • Please do not communicate, post or otherwise disclose or refer to any survey or site content or without our prior written authorization.
  • Please do not gather or store personal information of other members of the site.
  • Please do not attempt to access a service, site area or survey whose access is not authorized to you.
  • Do not use any robot, scanning engine, grabber or other automatized interfaces or means not provided by use to access the site or to extract data from it.
  • Please do not send us or send to the site (or anyone or anything else) any damaging, illegal, misleading or disrupting code such as a virus, "spyware", "adware" or any other code which may damage the site or any other receiver, or carry out any operation such as a service denial attack which may impose significant load on the site's infrastructure or disrupt the normal functioning of the site.
  • Please do not reproduce any statement you receive from the assistance team or from the customer assistance department of SENSES-CLUB on the site.
  • Do not communicate with the SENSES-CLUB assistance team in an obscene, vulgar, damaging, insulting, threatening, abusive, harassing, slanderous, libelous, false or misleading manner.
  • Do not undertake any other activity that SENSES-CLUB may reasonably deem improper or abusive. Not complying with this code of conduct may lead to the termination or your member account.

Confidentiality of the surveys

SENSES-CLUB may disclose confidential information and/or exclusive documents to you in the context of the surveys; this information and these documents shall remain the exclusive property of SENSES-CLUB. This confidential information may include, yet are not limited to: ideas or concepts for new products, packaging concepts, cinema or television advertising concepts, trailers as well as text, images and sounds thereto pertaining. By becoming a member, you commit to preserve the confidentiality of the content and documents disclosed to you in the context of the surveys in which you participate; you commit not to disclose them to anyone and to only use the confidential information for the sole purpose of participating in the surveys. If you do not comply with this obligation, in addition to terminating your account, you may be held responsible for any monetary damages suffered by SENSES-CLUB for the prejudices caused by breaching your obligations.

Privacy policy

Use of this site is subject to the conditions of the SENSES-CLUB privacy policy, which is hereby incorporated in these conditions and which are an integral part of it. Please read the privacy policy carefully. PRIVACY POLICY. By using this site and by accepting these general conditions, you agree that you are bound by the privacy policy conditions. We reserve the right, and you authorize us, to use the information pertaining to your use of the site as well as any other personal information provided by you in compliance with the privacy policy.

Content and member license

You hereby grant SENSES-CLUB the free, non-exclusive right for the entire legal duration of the protection of intellectual property rights throughout the entire world to use any content you submit to the site (e.g. your opinions, ideas and responses to surveys) for any purpose in direct link with our business, including the right to modify, copy, sent, publish, display, adapt, translate, distribute, create derived works and develop this content on any media currently known or unknown, including the internet or on printed or audiovisual media and to transfer this content to third parties. You, not SENSES-CLUB shall assume the exclusive responsibility for any content that you use, download, publish or submit on the site, including on our discussion platforms and in any survey in which you participate, including the obligation to obtain any approvals and authorizations necessary to post such content. By submitting this content on the site, you authorize SENSES-CLUB to freely use such content in any form, including but not limited to commercial and promotional use, for the duration of the protection of rights pertaining to such content and throughout the entire world.

Intellectual property

You acknowledge that all the documents on the site, including the design, graphics, text, sounds, images, software and other files on the site as well as their selection and layout (collectively refered to as the "documents") are the property of SENSES-CLUB or its licensees such as TOLUNA, and are protected by copyright at the local and international level as well as by any law relating to copyright. All the rights which are not expressly granted to you are reserved by SENSES-CLUB or its licensees. Unless expressly authorized by these conditions or on the site, you are prohibited from copying, reproducing, distributing, republishing, downloading, executing, displaying, representing, transmitting, operating, creating derived works or using any document in any form and by any means, without prior written authorization from SENSES-CLUB or holders of the relevant copyrights. SENSES-CLUB only authorizes you to consult and download documents for personal, non-commercial use as long as you keep all copyright mentions and any other exclusive property mentions intact in the original documents. You are prohibited from modifying or adapting the documents in any way whatsoever or to use them for public or commercial purposes.

The "SENSES-CLUB" and "[www.senses-club.com]" logo and expression are distinctive signs or trademarks of SENSES-CLUB or its affiliated companies. Other distinctive signs, brands, logos and commercial names used on this site all belong to SENSES-CLUB or its licensees, and may not be reproduced, imitated or otherwise used wholly or partially without prior written authorization from SENSES-CLUB and/or its licensees. All rights are reserved.

Exclusion of guarantees

You acknowledge and agree that SENSES-CLUB is neither a credit institution nor any other type or form of financial institution. SENSES-CLUB assumes no responsibility for the actions by third parties such as issuers of e-rewards, gift cards, gift certificates or any other type of reward.

You expressly agree that you solely assume all the risks relating to using this site and your member account. You agree that this site, any information found on it and all the services offered therein as well as their features are provided by SENSES-CLUB or its parent or affiliate companies, its successors or benefactors, providers or representatives "as is" and "according to their availability". SENSES-CLUB is responsible for any direct damages caused by using the site. You hereby release SENSES-CLUB, is affiliate companies, its licensees and its third-party providers from any responsibility relating to redeeming and use any type of reward, including rewards which after receiving, may be lost, stolen or destroyed. Unless there is an express contradictory provision in these conditions, SENSES-CLUB and its subsidiaries or representatives decline any liability as to express or implicit guarantees, conditions or obligations, including but not limited to any implicit guarantees, obligations or conditions: (a) of merchant quality, adapting to a particular usage or purpose of results; (b) that the site will function without interruption at any moment; (c) created by commercial use, established commercial habits or modes of execution. SENSES-CLUB also declines any liability, if applicable, with regard to the absence of a computer virus. Furthermore, SENSES-CLUB gives no title guarantee or against any potential deprivation of enjoyment of any aspect of the site, unless this material has been exclusively created by SENSES-CLUB or displayed by SENSES-CLUB. Downloading or obtaining by any other means of any document by using the site is done any your sole discretion and at your own risk, and you assume the sole responsibility for any damages caused to your computer system or any loss of data resulting from downloading such a document. No information or verbal or written statement that you may obtain from SENSES-CLUB or its subsidiaries or on or by mean of the site shall not constitute a guarantee not expressly indicated in these conditions.

Limitation of liability

SENSES-CLUB and its subsidiaries or representatives shall in no way be liable for the statements or any conduct of a third party on the site.

Some jurisdictions do not allow for the exclusion of some guarantees or the limitation or exclusion of liability for some types of damages. As a result, some of the exclusions and limitations above may not apply to you. In this kind of jurisdiction, exclusions and liabilities are limited in the context of all measures provided by law.

Indemnification

You agree to indemnify and to release SENSES-CLUB and its affiliate companies as well as their managers, administrators, owners, employees and representatives from any liability pertaining to complaints, losses, damages, lawsuits, fines, direct payments and costs (including any reasonable attorney's fees and expert testimony costs, including costs associated with resorting to an internal legal advisor), (collectively referred to as "complaints") resulting from or pertaining to your use of this site and any content you put on the site or send or transmit to the site, including complaints made by third parties. You agree to provide SENSES-CLUB with any reasonable aid in its defense against any complaint.

Taxes to pay

By virtue of applicable law, you may be required to pay taxes on all the rewards you may receive. You acknowledge that we may provide information to the tax authorities or to withhold taxes, upon request by these authorities, or if we should judge it necessary at our full discretion. You acknowledge and agree to your obligation to provide SENSES-CLUB with any additional personal information such as your social security number, which SENSES-CLUB may need to comply with any obligation to declare or withhold earnings. Any breach by you of the obligation to provide such information within 30 days following a request sent by SENSES-CLUB to the electronic address registered at the time may lead to the confiscation of any rewards you may have earned.

Links: third-party websites

SENSES-CLUB may provide links to third-party sites for your convenience, and the provision of such links by SENSES-CLUB does not imply approval of these sites by SENSES-CLUB or vice versa. If you use these links, you will leave the site. You use these links at your own risk. You agree not to use any data from third-party documents which may infringe upon or violate the rights of any other party, and for which SENSES-CLUB may not be held liable for any reason whatsoever for such usage by you. SENSES-CLUB expressly declines any liability for the content, legality, decency or accuracy of any information and any product or services belonging to a third-party site.

With no limitation to the preceding, your correspondence or commercial activities with advertiser or your participation in promotions organized by these advertisers found on the site or through using the site, including the payment for and delivery of connected goods and services, and any other condition, guarantee or representation associated with such transactions are established solely between you and this advertiser. You agree that SENSES-CLUB and its subsidiaries may not be held liable for any loss or damage suffered in any way whatsoever as a result of such business relations or resulting from the presence of such advertisers on the site.

Applicable law and exclusive competence

These conditions and any services and complaints of any type whatsoever (including but not limited to contractual, criminal and objective liabilities) relating in any way with any aspect of the site, are governed by French law notwithstanding any potential conflict with the provisions of the law. Disputes relating to these complaints or resulting from or relating to these conditions or this site in any way whatsoever shall be heard exclusively by the competent French court.

Notices

Notices for you: We may inform you of any information or warnings that we must provide to you by displaying them on the site. You also agree that we may send information or warnings by email at our discretion, including any summons to appear or any other legal proceeding (if applicable). We may also send notices to any electronic address or any other address you have provided when registering. You commit to keep your address up to date and to consult notices displayed on the site.

Notices for us : We receive numerous electronic messages and not all employees are trained to process every type of communication; as a result, you agree, if applicable, to send us notices by mail at Givaudan France SAS, SENSES-CLUB,19-23 VOIE DES BANS 95100 ARGENTEUIL

Integral agreement – Miscellaneous

These Conditions, including elements incorporated into it (e.g. the privacy policy) as well as all other additional conditions contained in the site for special activities, the information provided by us and the consent granted by you on the site (collectively referred to as the "integral agreement"), comprise the integral agreement between us, and no party shall rely on interpretations made by the other party which may not be expressly stated in the integral agreement. If any provision whatsoever of the integral agreement is deemed by a competent tribunal as invalid, the other provisions shall remain in force and with full effect, on the condition that the distribution of risks described in this document continues to produce its effects to the greatest extent possible. Our inability to act with regard to a violation shall not signify that we renounce our right to act with regard to later or similar violations, and time is an essential factor in the integral agreement. This site is inspected by us and from our offices located in France and is meant for users residing in France. If you choose to access this site from a location outside of France, you do so at your own risk and it is up to you to respect local applicable laws. You may not use or export the site in violation of French laws and regulations governing exporting or in violation of these Conditions of Use.

The "Exclusion of guarantees" and "Limitation of liability" provisions of these Conditions benefit SENSES-CLUB and its subsidiaries as well as its licensees such as TOLUNA, as described in this document, and each of these persons or entities shall have the right to affirm and impose these provisions directly against you and on their own behalf.

Notification of illegal content (aka "LCEN")

SENSES-CLUB respects the intellectual property rights of others and asks that you do the same. If you think that a work belonging to you has been reproduced on this site in a way which violations copyright, you may send a notification to the representative (agent) in charge of protecting copyright designate for the site at: ARGENTEUIL.PANELCONSUMER@GIVAUDAN.COM, including the followng elements:

  • Date of your notification
  • Your identification information (if you are an individual: your name, occupation, address, nationality, date and place of birth; you are acting as a legal entity: its corporate form, corporate name, headquarters address and its representing body);
  • An electronic or handwritten signature of a person authorized to act on behalf of the owner of the copyright;
  • Description and identification of the content claimed to have been counterfeited;
  • Identification of the content claimed to have been counterfeited as well as its exact location on our sites by providing the exact URL;
  • The address, telephone number, and if applicable, an electronic address where the plaintiff party may be contacted;
  • A declaration specifying that the plaintiff thinks in good faith that the use of the document in the disputed manner is not authorized by the owner of the copyright, by his representative or by the lax; and
  • A declaration specifying that the information contained in the notification is accurate and, under penalty of engaging its responsibility, that the plaintiff is authorized to act on behalf of the owner of an exclusive right which is presumed to be counterfeit.
  • A copy of the correspondence sent to the author or publisher of the illegal content or activities requiring their interruption, retraction or modification (or the reason why the author or publisher could not be contacted).

Additional information

If you have a complaint to file, you may contact us at Givaudan France SAS, SENSES-CLUB, 19-23 voie des bans 95100 Argenteuil