Berghaus Limited (“Berghaus”)
Berghaus Adapts Project
Participant Terms and Conditions
1. These Terms and Conditions apply to your participation in Berghaus Adapts (the Project). By signing up to be a member of the Project you agree to be bound by these Terms and Conditions. Berghaus reserves the right to amend these Terms and Conditions at its sole discretion at any time.
2. Having successfully been selected to participate in the Project, you must complete a survey, outlining further additional information including but not limited to your dietary requirements and travel preferences etc. You agree to provide accurate, current and complete information about yourself.
3. Participation in the Project is open to select persons aged 18 and over who are residents of the United Kingdom. The application form to the Project link is personal to you and must not be made available to any third parties.
4. As a participant of the Project, you may be invited to take part in certain activities, including but not limited to, participating in surveys, attending focus groups and conducting product testing. Details of any activity and how to sign up, participate and prepare shall be provided to you by email.
5. In the event that photographs or videos of Berghaus products are included with your feedback, or are captured by Berghaus during your participation in the Project Berghaus would love to be able to share this content with our own social media followers, and you hereby grant to us such necessary consents, rights and licences to freely use your content throughout the world in connection with the promotion of any relevant Berghaus Products or the Project , both during and after the your participation in the Project with no payment becoming due. Berghaus will not share any content without obtaining your consent.
6. By participating in the Project, you acknowledge that Berghaus is permitted to post content of the Project, on its social media platforms, website and across PR activity in which you may be featured provided we have obtained your informed consent to do so. Subject to Berghaus advance approval you may be invited to post elements of the Project on your own personal social media accounts, such approved content should be captioned with #ad or advertisement or advertisement feature. You must do this even if the approved content is your genuine opinion or own words.
7. By participating in the Project, you may be asked to provide your views on and/or test products which are not yet available to the general public and you recognise that it is fundamental that any such products are not shared in any way. You agree to keep the products confidential and not disclose any of the products, any photos, videos, or other graphic reproduction of the products to any third party, including online, or permit the products to be made available to any person or company other than yourself. The same shall also apply to any other sensitive information, such as launch dates, company information, strategies, plans or activities which may be shared with you during your participation as a member of the Project.
8. You agree that participation in any Project activity is entirely voluntary and that you will not be entitled to receive payment or any other benefit in exchange for your participation unless told otherwise.
9. In the event that participation in a Project activity makes you eligible to claim reasonable travel expenses, this will be subject to certain terms and conditions which shall be made available to you in advance of you deciding whether to participate in the relevant activity.
10. The Project shall be conducted by a third party consultant, on Berghaus’ behalf. You consent to Berghaus sharing your personal data with the third party consultant solely for the purpose of the Project. To understand how Berghaus collects and uses your personal information supplied to us when you apply to participate in the Project please refer to the Berghaus Ltd Adapts privacy policy which can be found below in Appendix 1 of these Terms & Conditions.
11. You agree to Berghaus using information, views and feedback provided by you in the course of participating in the Project to perform analysis and inform Berghaus’ product and marketing strategy. Berghaus may aggregate any information, views and feedback provided by you during the course of participating in the Project with information, views and feedback collected from other Project members. You agree that Berghaus may publish this information. Any information or findings that Berghaus publishes shall be aggregated and anonymized. Berghaus will only publish your individual responses and feedback with your express permission.
12. As part of the Project you may be invited to test and feedback on certain Berghaus products. This testing may take place at the Berghaus offices, or alternatively you may be sent products to test at home or in an outdoor environment, in which case we will let you know whether you need to return the products to us.
All intellectual property rights in the designs, development, drawings and information produced in relation to the products are the sole and absolute property of Berghaus, including where such intellectual property rights include any changes, modifications or improvements to the products as suggested by you during your participation in the Project.
13. Neither Berghaus, nor any company in the Pentland Group nor any employee, shareholder or officer of Berghaus or any such company, will be liable to you in tort, contract or otherwise for any loss, damage or injury you suffer in connection with your involvement in the product testing, save to the extent such liability cannot be excluded by law. Nothing in this clause is intended to exclude liability for fraud or for personal injury or death resulting from negligence.
14. To the maximum extent permitted by law, Berghaus and any company in the Pentland Group shall not be liable for claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with your participation in in the Project.
15. Berghaus reserves the right, without notice and in its sole discretion to discontinue or terminate the Project and any Project activities.
16. You can withdraw from the Project at any time by sending us an email to:adapts@berghaus.com
17. To understand how Berghaus collects and uses your personal information supplied to us when you apply to be a member of and participate in the Project please refer to the privacy policy in Appendix 1 of these Terms and Conditions.
18. By signing up for the Project you agree to be bound by these Terms and Conditions. English law governs these Terms and Conditions, and each party submits to the exclusive jurisdiction of the English Courts.
Appendix 1- Berghaus Ltd Privacy Policy – Berghaus Adapts Project
Berghaus Ltd is committed to protecting and respecting your privacy. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
If you would prefer your personal data was not used in the manner described in this policy, you should not sign up to be a member of the Project.