Terms and Conditions

Last Updated: May 27th, 2023

Summary

BEFORE USING OUR SERVICES, PLEASE READ THE ENTIRE TERMS OF USE BELOW. THIS SUMMARY ONLY INCLUDES SOME KEY POINTS REGARDING YOUR MEMBERSHIP.

 

1. Elspur is only for your personal, non-commercial use.
2. By participating as a panelist, you agree to deal fairly and professionally with us and with other Elspur members.
3. While you control how often you participate, our clients control administration of their own surveys.
4. Coins may be accrued at varying rates but can only be redeemed in accordance with your tier. Gold Tier and above titled members can redeem 500 coins ($5 equivalent) increments. Silver and Bronze tier members can redeem in 1000 coins ($10 equivalent) increments.
5. Reward and sweepstakes system only works properly if our members answer surveys thoughtfully and truthfully, and do not try to undermine the survey process by speeding through surveys, providing meaningless answers, or otherwise taking surveys in bad faith.
6. We reserve the right to deactivate a member’s account for any reason.

 

Welcome to the Elspur website (the “Site”), owned and operated by Inginit Pte. Ltd. (referred to herein as “Elspur”). By accessing, browsing, or using the Site or other services described below, you acknowledge you have read, understood, and agreed to be bound by these Terms of Service (“Terms”). These Terms govern your use of Elspur’s services, including but not limited to: (1) use of the Site; (2) registration as a member (“Member”); (3) participation on a panel; (4) use of any mobile applications operated by Elspur (also included as part of the “Site”); (5) participation in any survey or study offered, provided, hosted, or administered by or through Elspur; and (6) participation in our sweepstakes or tier/gamification module (collectively, and inclusive of items 1 through 6, the “Service(s)”).


If you do not agree to these Terms, you should not access the Services. Elspur reserves the right to refuse, restrict, prohibit, or reject your access to the Services, at any time, for any reason.


Our collection and use of your personal information is also governed by our Privacy Policy, each of which are incorporated into these Terms by this reference.

Please also note that your participation in Sweepstakes is further subject to the Sweepstakes rules.

Elspur reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Services because your use of the Services after the posting of changes will constitute your acceptance of the changes.

1. Use of the Services

 

We grant you a personal, limited, revocable, non-transferable, non-exclusive license to access and use the Services. We reserve the right, in our sole discretion and without notice to you, to change, suspend, add to, or discontinue any aspect of the Services, and we will not be liable to you or to any third party for doing so. Your continued use of the Services will constitute your acceptance of any such changes.

You may use the Services only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading, or posting of information on or through the Site, and are responsible for the consequences of such communications.

You agree you will not use the Services for any of the following purposes :

Posting, communicating, or transmitting any material which infringes on any intellectual property, publicity, or privacy right of another person or entity;
Posting any information which is untrue, inaccurate, or not your own;
Engaging in conduct which may constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
Attempting to interfere in any way with the Site’s or Elspur’s network security, or attempting to use the Services to gain unauthorized access to any other computer system;
Using AI or other bots, robots, or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Services;
Manipulating the results of any survey;
Collecting any personal information of any other user of the Services;
Opening, using, or maintaining more than one membership;
Forging or masking your true identity, using proxy servers, or engaging in any other activity that, in Elspur’s sole and absolute discretion, suggests an effort to abuse the Services;
Using obscene or abusive language when communicating with Elspur support staff;
Posting or transmitting any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content which could otherwise violate applicable laws; or
Engaging in any fraudulent activity, including but not limited to speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, regularly setting off “trap” questions or failing attention check questions, or redeeming or attempting to redeem rewards, prizes or incentives through false or fraudulent means.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities occurring under your account or password. You agree to notify us immediately in the event of any unauthorized use of your account or other breach of security.

2. Additional Terms and Conditions

 

You agree additional terms and conditions may apply to specific products, orders, or your use of certain portions of the Services, including with respect to ordering, shipping, and return policies and membership reward programs (“Additional Terms”). Such Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

3. Membership, Coins and Chips Administration

 

The Services are available to Members who are thirteen (13) years and older and who have not been suspended or removed by Elspur for any reason. If any survey or study includes questions for a child under 13, respondents must secure parental consent before participating. Without limiting the foregoing, we will comply with all applicable laws and regulations concerning the collection of information from minors. For Members outside the U.S., other laws and regulations related to minors may apply.

Please note that no one who is located in Cuba, Syria, Iran, North Korea, Belarus, or Russia will be admitted as a member or is otherwise allowed to use the Services.

We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms, without notice. Membership is void where prohibited by law.

We keep track of your earnings in the form of “coins.” Each coin you earn is worth 0.01 USD (i.e., 100 coins is worth 1.00 USD). We reserve the right to change the dollar value of coins and chips upon forty-five (45) days’ written notice, through prominent announcements on the Site and elsewhere, including email, alerting you to these changes. Any such changes will affect new coins earned but will not affect any coins you’ve already earned.

“Pending” coins are coins earned for surveys completed but still await review, and therefore are not yet eligible for redemption. This process can take up to six (6) weeks to complete for the coins to post to your account. Once reviewed and approved, pending coins are immediately available for redemption. Coins can only be redeemed as per your rank in increments of 500 or 1,000. For example, if you are a Gold tier member and have 501 coins, you can redeem 500 coins, leaving 1 coin in your account. Likewise, if you have 15,000 coins, you can redeem all 15,000 coins.

Coins can be redeemed for a wide variety of gift cards to your favorite stores, restaurants, and entertainment. If you’ve opted to receive a specific gift card, the card will typically be sent in digital format within ten (10) business days to your Elspur registered email account.

Elspur offers all rewards through a third-party reward and gift certificates provider. All rewards in connection with Elspur, regardless of where you are located and regardless of whether it is your first redemption, must be redeemed using the options given in your dashboard. From time to time, rewards being offered may change and Elspur has no control over this. Elspur will work with the member and the service provider in case of any dispute.

For more information, visit Elspur’s Frequently Asked Questions page.

You acknowledge and agree a client may invalidate a survey that fails to pass a quality check, and in such cases any pending coins associated with the particular survey will be removed from your account. You acknowledge and agree clients reserve the right to kick you out of a survey for any reason, including but not limited to you not fitting into the desired respondent pool, the client reaching or exceeding the desired number of respondents, and/or your failure to properly pass a quality check.

You also acknowledge and agree if you fail to log in to your Elspur account and meaningfully interact with the Site by navigating and clicking for twelve (12) months or longer, your account will be cancelled or deactivated, and any coins earned and in your account at the time of removal will be deleted and no longer redeemable, regardless of balance available. This twelve (12) month period is subject to change on forty-five (45) days’ written notice.

In order to redeem earnings from activities on the Site, you must (A) have confirmed your email address by responding to any email sent to you from Elspur, AND (B) have completed the necessary number of surveys to gain redeemable coins (all been validated by an Elspur client). A survey has been completed if (1) the survey has been legitimately started on the Site, (2) the survey has been taken by you as a Member, (3) all survey questions have been successfully answered, and (4) you have been returned to the Site upon successful completion of the survey. Members who have not completed requirements (A) and (B) above will be denied redemption of earned coins until both requirements have been fulfilled.

You acknowledge you are accessing the Services in the capacity of an independent contractor and no agency, partnership, join venture, employee-employer, or franchisor/franchisee relationship is intended or created by these Terms.

You also acknowledge and agree that your participation in research is based on your desire to share opinions and provide feedback, and any consideration paid to you, including without limitation any coins earned on the Site, is not calculated based on time spent by you and is not pro-rated on an hourly basis or otherwise.

Your participation in research is without the control or direction of any other party or entity, and in your participation you are exercising your own independent judgment and discretion. By being given the opportunity to participate and by receiving your earnings, you agree that any consideration paid to you represents fair value for your participation.

You agree to notify Elspur promptly of any changes in or to the information contained in your Member profile.

In addition to any and all other available remedies, Elspur may, without notice, suspend or terminate your access to the Services if you are in violation of these Terms, in which case: (i) your membership will immediately be cancelled; and (ii) your access to the Services will immediately cease. Elspur reserves the right to de-activate your membership if (i) your account remains inactive for a substantial period of time; or (ii) Elspur receives a hard bounce, delivery failure, or “mailbox full” notice regarding email communications sent to your email account.

4. Product Information; Limitation on Quantities

 

Excluding any content which may be submitted by Members from time to time, we strive to ensure the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors, and other errors or inaccuracies. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice, including but not limited to after an order has been submitted and/or acknowledged. We do not guarantee that all products described on our Site will be available.

5. Proprietary Rights, Non-Disclosure

 

You acknowledge and agree the content (other than content possibly submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software, and other elements available on the Services are the property of Elspur, our licensors, or our clients and are protected by copyright, trademark, and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify, or create derivative works from any content or materials on the Services. Elspur is a registered trademark of Inginit Pte. Ltd. All other trademarks are the property of their respective owners.

All of our Site’s content is Copyright 2023 Inginit Pte. Ltd. All rights reserved.

Information and content made available to you through the Services may contain trade secrets or other confidential or proprietary information of Elspur or Elspur’s clients, suppliers, or licensors. You must hold in strict confidence, and not disclose to any other person, any information or content you access or learn in connection with your participation in any survey, project, questionnaire, or other activity related to the Services. You are prohibited from sharing with any third party photographic or other imagery, information, or any other content from your activities with respect to the Services. You must not use any such information or content for any purpose other than your participation in the Services in accordance with these Terms. You hereby agree to notify Elspur immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in these Terms.

6. Submitted Content

 

Elspur does not claim ownership of any materials you make available through the Services, including but not limited to photos, videos, or written stories. With respect to any materials you submit or make available for inclusion on the Services, you grant Elspur and Elspur’s clients a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display (including but not limited to display for promotion purposes), modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant, and covenant that any materials you provide do not include anything (including but not limited to text, images, music, or video) to which you do not have the full right to grant Elspur the license specified above. You further represent, warrant, and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive, or obscene material. Elspur will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution, or compensation to you.

7. Disclaimers

 

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SERVICES. THE SERVICES, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY, OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, ELSPUR DOES NOT WARRANT THAT: (1) THE INFORMATION WITH RESPECT TO THE SERVICES IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS CONTAINED WITH RESPECT TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; OR (4) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Elspur makes no warranties of any kind regarding any third-party sites to which you may be directed or hyperlinked from the Services. Hyperlinks are included solely for your convenience, and Elspur makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such third-party sites. Elspur does not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties through the Services.

8. Indemnification

 

You agree to indemnify, hold harmless, and defend Elspur, including its parents, subsidiaries, divisions, and affiliates, together with their respective officers, directors, employees, agents, and affiliates, from any and all claims, liabilities, damages, costs, and expenses of defense, including but not limited to attorneys’ fees, in any way arising from or related to your use of the Services, your violation of these Terms or the Privacy Policy, content posted to the Services by you, or your violation of any law or the rights of a third party.

9. Limitation of Liability

 

IN NO EVENT SHALL ELSPUR, ITS AFFLIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SERVICES BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ELSPUR OR ANY OF THE RELATED PARTIES NAMED ABOVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ELSPUR, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SERVICES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, ACTIONS BASED ON NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF: (1) THE TOTAL DOLLAR VALUE OF ALL COINS YOU HAVE ACCCUMULATED IN THE TWENTY-FOUR (24) MONTHS PRECEDING THE DISPUTE OR (2) ONE HUNDRED AND FIFTY DOLLARS ($150). FOR PURPOSES OF CALCULATING THE FOREGOING, EACH COIN SHALL BE WORTH ONE CENT (0.01 USD) (I.E., ONE HUNDRED COINS SHALL BE WORTH ONE U.S. DOLLAR).

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

You hereby acknowledge the preceding paragraph shall apply to all content, merchandise, and services available through the Services. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

10. International Use

 

We control and operate the Services from Singapore. We make no representation that materials on the Services are appropriate or available for use outside the country of your residence. If you choose to access the Services from outside your resident country, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. Risk of Loss

 

A third-party carrier will ship any physical reward cards in connection with the Services. You acknowledge and agree title and risk of loss for such cards will pass to you upon our delivery to the carrier.

12. Copyright Infringement; Notice and Take Down Procedures

 

Elspur specifically prohibits the posting of any content which violates or infringes the copyright rights and/or other intellectual property rights, including but not limited to rights of privacy and publicity, of any person or entity. If you believe any material contained on the Services infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Elspur will process notices of alleged infringement it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires notifications of claimed copyright infringement should be sent to the following address:

Elspur Attn: Operations
Inginit Pte. Ltd.
14, Robinson Road, #08-01A, Far East Finance building,
Singapore 048545
Email: support@elspur.com.

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material claimed to be infringing or to be the subject of infringing activity and is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement the complaining party has a good faith belief use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

13. Opt-Out Policy

 

At any time, Members may opt out of the Services, including without limitation newsletters or other communications: (i) by following the unsubscribe procedures described on the Site or contained in any email received from Elspur; or (ii) by contacting us as provided below. Elspur shall use reasonable efforts to read and respond to each email request within a reasonable period of time after receipt.

14. Governing Law

 

The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms will be governed by the law of the State of New York, without reference to its choice of laws principles. These Terms will not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Notwithstanding the foregoing, we may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.

15. Class Action Waiver

 

Any arbitration or court trial, whether before a judge or jury or pursuant to judicial reference, related to any claim under these Terms will take place on an individual basis, without resort to any form of class or representative action (“Class Action Waiver”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM UNDER THIS POLICY. Regardless of anything else herein, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator.

16.Termination

 

If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.

The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. Elspur’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release, or prevent Elspur from enforcing any subsequent breach by you of these Terms. These Terms represent the entire understanding and agreement between Elspur and you with respect to the subject matter hereof.

17. Termination

 

You agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on our services; (b) maintain the security of your password and login credentials; and (c) maintain and promptly update the information you provide during registration, and any other information you provide to Elspur, so as to keep it accurate, current, and complete. Registration requires information includes, without limitation, your full legal name, gender, primary language, your date of birth, the country and state/province of your primary residence, your phone number, and your current working email address. Your failure to provide accurate information, or if Elspur determines fraudulent information was provided by you in connection with your registration and/or you otherwise engaged in any other inappropriate activity (as determined by Elspur in its sole discretion), Elspur may cancel or invalidate your account(s), registrations, and Rewards, deny redemption of your rewards, or restrict, block, limit, and prevent your access to and use of the services and, further, all rewards, incentives and other consideration shall be subject to forfeiture. All coins and chips earned will be expired automatically upon 12 months of inactivity.

18. Non-Use and Nondisclosure

 

Information and content made available to you in the services may contain trade secrets or other confidential or proprietary information of Elspur and/or Elspur’s clients, suppliers or licensors. You must hold in strict confidence, and not disclose to any other person, any information and content you access or learn in connection with your participation in any survey, project, questionnaire, or other market research-related activity related to the services. You are prohibited from sharing with any third party, photographic or other imagery, information, or any other content from any and all activities within or from the website. You must not use any such information or content for any purpose other than your participation in the services in accordance with this Agreement. You hereby agree to notify Elspur immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in this Agreement.

19. Contact Us

 

To contact us with any questions or concerns in connection with these Terms or the Services, or to provide any notice under these Terms, please contact us at the addresses provided below:

Elspur
c/o Inginit Pte. Ltd.
14, Robinson Road, #08-01A, Far East Finance building,
Singapore 048545
Email: support@elspur.com.
To learn more about how we use your information, visit our Privacy Policy.