1. For the purposes of conducting market research, Research Surveys (Pty) Ltd, hereafter referred to as TNS, has developed a consumer panel, Black-Diamond.co.za (www.Black-Diamond.co.za), which is comprises of participants recruited by RS.
2. This document sets out the Black-Diamond.co.za terms and conditions ("Terms and Conditions") pertaining to the access to and use of the services provided in this website: www.Black-Diamond.co.za (“Site").
3. Should you disagree with any of the Terms and Conditions, we request that you refrain from accessing the Site and/or using our services.
4. Black-Diamond.co.za reserves the right to amend any of the Terms and Conditions, without giving notice to its members. Such amendments shall supersede and replace any previous Terms and Conditions and shall be made available on the Site. Each time a member accesses the Site and/or uses the services, the member shall be deemed to have consented to the Terms and Conditions, as amended by Black-Diamond.co.za from time to time.

2. The Services and Participation in Surveys

1. Black-Diamond.co.za offers its registered members the opportunity to take part in market research surveys (“services”).
2. The members receive a specialised invitation to each survey, in which the conditions of participation are described. For each survey, each member determines whether he/she wishes to partake in the relevant survey.
3. The number of survey invitations which a particular member receives depends on the user profile which he/she completes. The member has no right to a minimum number of survey invitations. Black-Diamond.co.za will, however, strive to invite all members in an equitable manner.
4. Each member commits and undertakes to give comprehensive answers in all surveys completed by him/her and agrees to refrain from giving nonsensical, fabricated or unusable answers.

3. Eligibility to Register

1. The services are offered and provided to natural persons who are South African citizens or residents belonging to the black racial group and who are 18 years of age and older.  If you are not eligible to register as a Black-Diamond.co.za member, you are requested to immediately discontinue using our services.  
2. By completing the registration process, you are stating that you are eligible for an account and that you agree to be bound to the Terms and Conditions.  Black-Diamond.co.za reserves the right to deny access to any portion of the Site and/or use of its services to any person who is not, for any reason whatsoever, deemed eligible to participate in the surveys.

1. Prior to making use of the services available, you will be required to provide Black-Diamond.co.za with personal information which includes, without limitation, your name, email address, ethnic group, age and other demographical information. In acquiring personal information from any of the Black-Diamond.co.za members, the privacy policy as contained in the Data Protection Statement shall be deemed applicable unless expressly stated otherwise. Our privacy policy is incorporated herein by reference.
2. Once you have registered you will be provided with a username and password, by Black-Diamond.co.za. Such username and password shall be used to access the various protected areas of the Site, which are exclusive to the members of Black-Diamond.co.za.  By accessing the Site, you warrant and represent to Black-Diamond.co.za that you are legally entitled to use the services.
3. On registering as a member of Black-Diamond.co.za, you undertake that your username and password shall be used for your personal use only and shall not be disclosed to any third party.  In the event of any third party acquiring or having unauthorised use of your username or password, you shall notify Black-Diamond.co.za immediately. You shall thereafter refrain from making use of the services until such time as a new username and password have been allocated to you by Black-Diamond.co.za.

1. Subject to the conditions contained herein and with effect from the date on which you first make use of the services ("the effective date") Black-Diamond.co.za consents to you making use of the services.

1. The member may receive an incentive for participating in surveys run by RS, provided that this is stated in the survey invitation.  This incentive may take the form of BDpoints that can be redeemed for gift vouchers or a charity donation, the chance to participate in a prize draw or such similar recompense. Such incentive will be communicated in the invitation email before the start of each survey.
2. The member only has a right to receive an incentive if he/she has completed the survey in its entirety. Should a member not belong to the relevant target group, the survey will, after the first few introductory questions, conclude automatically. In this case, the member will not receive an incentive.
3. In the event of a member providing nonsensical, fabricated or unusable answers to questions in the survey, his/her right to an incentive may, at the discretion of Black-Diamond.co.za, be denied.

7. Payout of Incentives Earned

A member may request a payout of the incentives which he/she has earned at any time, provided that such member:

1. has reached the minimum amount specified in the currently applicable version of the Payment Conditions;
2. is a Black-Diamond.co.za member at the time at which the payment is requested; and
3. has provided a valid postal address to which the incentive can be posted (see Payment Conditions).

8. Redemption of BDpoints

By selecting 'Redeem' you are agreeing to the following Terms and Conditions:

1. In order to facilitate postage of vouchers for redeemed BDpoints, you hereby agree that Black-Diamond.co.za may disclose your personal information to a third party mailing service. For clarification purposes, this may include, but is not necessarily limited to, your name, your address, the voucher type and amount to be posted to you.
2. Furthermore, you agree that you have reviewed the personal data given to you by Black-Diamond.co.za and hereby represent that it is true and accurate to the best of your knowledge - for the avoidance of doubt, you agree that the postal address you have provided is correct and that you will accept registered mail at such address.  Black-Diamond.co.za shall have no obligation to reimburse you for undelivered vouchers should your mailing address have changed subsequent to your redemption request.  A member may change his/her address by updating their details on the Black-Diamond.co.za site.

9. Expiration of BDpoints

1. TNS reserves the right to deny redemption of BDpoints awarded two years prior to the date of the requested redemption and to deny the redemption of BDpoints in accounts that have had no activity for a period of more than one year.

10. Content of the Site

1. TNS makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Site. RS reserves the right to change or discontinue, without notice, any aspect or feature of the Site and any information or content on the Site.

11. Security

1. In order to ensure the security and reliable operation of the service to all Black-Diamond.co.za members, TNS hereby reserves the right to take whatever action it finds necessary to preserve the security and reliability of its network.
2. You may not utilise the services and/or Site in any manner which may compromise the security of Black-Diamond.co.za’s networks or tamper with the service or the Site in any manner whatsoever.

12. Intellectual Property Rights

1. All the content, trademarks and data on this Site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to TNS and as such are protected from infringement by local and international legislation and treaties.

13. Indemnity

1. You hereby unconditionally and irrevocably indemnify TNS and agree to hold it free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by TNS or instituted against RS as a direct or indirect result of:

   1. your use of the service;
   2. your failure to comply with any of the Terms and Conditions or any other requirements which TNS may impose from time to time; and
   3. any unavailability of, or interruption in the service which is beyond the control of TNS.

1. By subscribing as a Black-Diamond.co.za member, you agree that you will hold in the strictest confidence and not disclose to any third party information acquired in connection with any survey, project, questionnaire or other market research activity related to the services.  You agree that you will use the information contained in any survey, project or questionnaire strictly for the purpose of discussing and providing market research-related data. You shall notify Black-Diamond.co.za should you discover any loss or unauthorised disclosure of the information.

15. Termination of Black-Diamond.co.za Membership

1. A member may terminate his/her Black-Diamond.co.za membership at any time.  On termination of membership, the member forfeits his/her right to a payout or his/her survey incentives. The member should thus ensure that he/she requests final payment prior to or at the same time as he/she cancels his/her membership. A payment of a sum less than the minimum allowable amount cannot, even in the case of a membership cancellation, be made.
2. The member must ensure that he/she logs in to his/her member account at least once every six months.  If a member does not log in or take part in a survey over the course of a six-month period, despite being sent survey invitations, it will be assumed that this member is no longer active.  Due to high administrative costs, the member's account will, in this case, be set back to zero.

16. Right of Cancellation

1. TNS reserves the right to cancel a member's Black-Diamond.co.za account and deny such member use of the Site or services, should any member:

   1. breach any of the Terms and Conditions;
   2. set up multiple accounts, fabricate answers in surveys or infringe any statute, regulation, ordinance or law;
   3. fail to act in good faith when participating in online surveys  or the "invite friends" program; or
   4. use automated entry devices or programs.
      In the event of TNS cancelling a member’s account, the member forfeits his/her right to have any incentives earned from participating in surveys paid out to him/her and TNS reserves the right to make further claims.
2. RS reserves the right to discontinue the Black-Diamond.co.za panel and services at any point.  A payout of incentives owing to members will be made provided that their level of BDpoints has reached the minimum amount specified in the currently applicable version of the Payment Conditions.

17. Compliance with Section 43(1) of the Electronic Communications and Transactions Act of 2002 ("ECT Act")

In compliance with Section 43(1) of the ECT Act, the following is noted:

1. Full name: TNS-Research Surveys (Pty) Ltd
2. Physical address: TNS House, Stonemill Office Park, Crn Acacia Avenue 171 Republic Road, Darrenwood, 2194
3. Telefax number: +27 11 7787501
4. Telephone number: +27 11 7787500
5. Website address: www.researchsurveys.co.za; www.Black-Diamond.co.za
6. Email address: panels@rsurveys.co.za
7. Registration number: 1981/007744/07
8. Names of Office Bearers: Margarita Putter, Andrew Lancefield, Refiloe Mataboge, Karin Du Chenne, Mark Molenaar, Ivan Motlogeloa, Greg Classen, Neil Higgs, Claire Banks, Lydia Rolando, Sonja Sebotsa
9. Registered at: 6 Thicket Road, Newlands, Cape Town, 7700
10. Physical address for receipt of service: TNS House, Stonemill Office Park, Crn Acacia Avenue 171 Republic Road, Darrenwood, 2194
    You may view a full record of your BDpoints accumulated, as well as update or change information related to your account by accessing your profile page using your username and password.

18. Cooling Off Period

1. You have consented to the services commencing on the effective date and your use of the service is not subject to the cooling off provisions, as contained in Section 44 of the ECT Act.

19. General Compliance with Laws

1. You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of the services and the accessing of this Site.

20. Notices

1. Except as explicitly stated otherwise, any notices shall be given by email to panels@rsurveys.co.za (in the case of Black-Diamond.co.za) or to the email address you provide to Black-Diamond.co.za during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 48 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Black-Diamond.co.za may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Black-Diamond.co.za during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.

21. Disputes

1. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, then such a dispute shall be submitted to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English. The arbitration rules may be downloaded from www.arbitration.co.za/Pages/docs/expedited_rules.pdf.

22. General Clauses

1. This agreement shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed entirely within South Africa.
2. Research Surveys does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Site may be interfered with as a result of a number of factors which are outside of our control.
3. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
4. TNS-Research Surveys' failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
5. This agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof.