Terms & Conditions
These Terms govern your use of Gold Maple Voice's website, services, and research participation. Please read them carefully.
1. Introduction & Definitions
Welcome to Gold Maple Voice. These Terms of Service ("Terms") constitute a legally binding agreement between you (whether as an individual, business entity, or research participant) and Gold Maple Voice Inc. ("Gold Maple Voice," "we," "our," or "us") governing your access to and use of our website, platforms, services, and research studies.
By accessing our website, engaging our services, or participating in any research study conducted by Gold Maple Voice, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. For clients and participants in India, additional provisions under Indian law shall apply as specified in Section 14.
2. Eligibility and Account Registration
2.1 Eligibility
By using our Services, you represent and warrant that:
- You are at least 18 years of age (or 21 in jurisdictions where 18 is not the age of majority);
- You have the legal capacity to enter into binding contracts;
- You are not located in a country that is subject to a Canadian, US, EU, or UN embargo or sanctions;
- You are not on any denied parties list or restricted persons list;
- You will provide accurate, current, and complete information when creating an account or engaging our services.
2.2 Account Registration
Certain features of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.
2.3 Research Participant Eligibility
Participation in specific research studies may be subject to additional eligibility criteria (e.g., age, geographic location, profession, purchasing authority). You agree to provide truthful and accurate information during the screening process. Providing false or misleading information may result in immediate termination of your participation and forfeiture of any incentives.
3. Services and Engagement
3.1 Service Agreements
For client engagements, specific terms regarding scope, deliverables, timeline, and fees are detailed in separate Statements of Work (SOW), Proposals, or Master Services Agreements (MSA). In the event of any conflict between these Terms and an executed SOW or MSA, the SOW or MSA shall prevail.
3.2 Research Participation
When you participate in a Gold Maple Voice research study:
- Your participation is entirely voluntary;
- You may withdraw at any time without penalty;
- You will receive any agreed-upon incentives in accordance with Section 7;
- Your responses will be used for research purposes as described in our Privacy Policy;
- You grant Gold Maple Voice a perpetual, irrevocable, worldwide, royalty-free license to use, analyze, and incorporate your anonymized responses into our research databases and client deliverables.
3.3 No Professional Advice
Our research reports, insights, and recommendations are provided for informational and decision-support purposes only. They do not constitute legal, financial, accounting, or investment advice. You should consult qualified professionals before acting on any insights provided by Gold Maple Voice.
Gold Maple Voice does not guarantee specific business outcomes, revenue increases, market share gains, or investment returns based on our research or recommendations. Our services are designed to inform strategic decision-making, not to guarantee results.
4. Intellectual Property Rights
4.1 Our IP
All content, materials, methodologies, frameworks, software, and deliverables created by Gold Maple Voice (including but not limited to the "Gold Maple Voice Benchmark Maturity Model™," "Cultural Response Bias Correction™," and our proprietary panel and survey technologies) are and shall remain the sole and exclusive property of Gold Maple Voice. They are protected by Canadian, US, and international intellectual property laws.
4.2 License to Clients
Upon full payment of all applicable fees, Gold Maple Voice grants clients a non-exclusive, non-transferable, perpetual license to use the deliverables created specifically for them for internal business purposes only. Clients may not:
- Resell, redistribute, or sublicense our deliverables to third parties;
- Use our proprietary methodologies or frameworks to provide competing services;
- Remove or alter any copyright or proprietary notices;
- Publish our deliverables publicly without our prior written consent.
4.3 Participant Content
Any ideas, suggestions, feedback, or creative input you provide during research studies ("Participant Content") becomes the property of Gold Maple Voice. You hereby assign all rights, title, and interest in such Participant Content to Gold Maple Voice. To the extent such assignment is not permitted, you grant Gold Maple Voice an irrevocable, perpetual, worldwide, royalty-free license to use such Participant Content for any purpose.
4.4 Third-Party IP
Our website and services may contain links to third-party websites or use third-party software. We do not endorse or assume responsibility for any third-party content, products, or services. Your use of third-party websites is at your own risk and subject to their terms and conditions.
5. Fees and Payment
5.1 Client Fees
Fees for client services are specified in proposals or SOWs. Unless otherwise agreed:
- Invoices are due net 30 days from invoice date;
- Late payments are subject to interest of 1.5% per month (18% per annum) or the maximum permitted by law;
- Clients are responsible for all applicable taxes, duties, and levies;
- We reserve the right to suspend services for overdue accounts.
5.2 Participant Incentives
Eligible research participants receive incentives as disclosed during recruitment. Incentive amounts vary by study duration, target demographic, and methodology. Incentives are typically paid within 30 days of study completion via the method specified during recruitment (e.g., bank transfer, gift card, reward points).
5.3 Cancellation and Rescheduling
For qualitative research (in-depth interviews, focus groups):
- Cancellations made less than 24 hours before scheduled session: 100% of the participant incentive is forfeited;
- Client-initiated cancellations within 48 hours of fieldwork commencement may incur cancellation fees as specified in the SOW.
6. Confidentiality
6.1 Client Confidentiality
Gold Maple Voice maintains strict confidentiality regarding client identities, project objectives, and proprietary information disclosed to us. Our obligations are detailed in individual Non-Disclosure Agreements (NDAs) or confidentiality clauses within SOWs. In the absence of a separate NDA, our standard confidentiality obligations apply:
- We will not disclose client identities or project details in public materials without written consent;
- We may anonymize client case studies for marketing purposes unless explicitly prohibited;
- We restrict access to client information to employees and contractors with a legitimate need.
6.2 Participant Confidentiality
Research participant identities are kept strictly confidential. We report only anonymized, aggregated data to clients. Verbatim quotes may be used in reports but are not attributed to identifiable individuals. Exceptions to confidentiality include:
- Disclosure required by law (court order, subpoena, regulatory request);
- Participant consent for specific disclosure (e.g., for follow-up research);
- Threats of harm to self or others.
Notwithstanding our confidentiality obligations, Gold Maple Voice reserves the right to disclose information where required by law, to protect our legal rights, or to comply with regulatory or professional requirements.
7. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
| Conduct | Description |
|---|---|
| Fraudulent Participation | Misrepresenting identity, qualifications, or eligibility to participate in research studies or receive incentives. |
| Unauthorized Access | Attempting to access, probe, or test the vulnerability of our systems or networks without authorization. |
| IP Infringement | Copying, modifying, reverse engineering, or creating derivative works of our proprietary materials. |
| Harassment | Engaging in abusive, threatening, or harassing behavior toward our staff, moderators, or fellow participants. |
| Spam | Uploading or transmitting viruses, malware, or unsolicited commercial communications. |
| False Information | Knowingly providing false or misleading information in connection with any service or research study. |
We reserve the right to investigate and take appropriate legal action against anyone who violates these prohibitions, including suspending or terminating accounts, banning individuals from future research participation, and reporting to law enforcement authorities.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOLD MAPLE VOICE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES OR PARTICIPATION IN RESEARCH STUDIES.
8.1 Cap on Liability
Our total aggregate liability to you for any claims arising out of or relating to these Terms or our Services shall not exceed the greater of:
- The amount you paid us for the specific service giving rise to the claim during the 12 months preceding the claim; or
- Five Hundred Canadian Dollars (CAD $500.00).
8.2 Exceptions
Nothing in these Terms limits or excludes our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Gross negligence or willful misconduct;
- Liability that cannot be limited or excluded under applicable law.
9. Indemnification
You agree to indemnify, defend, and hold harmless Gold Maple Voice, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your violation of these Terms;
- Your violation of any third-party right, including intellectual property or privacy rights;
- Your fraudulent or misleading statements;
- Any unauthorized use of our services or content by you or through your account.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.
10. Termination
10.1 Termination by Us
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
10.2 Termination by You
You may terminate your account or participation in a research study at any time by contacting us. However, any fees paid or incentives earned prior to termination remain non-refundable.
10.3 Survival
Sections 4 (Intellectual Property), 6 (Confidentiality), 8 (Limitation of Liability), 9 (Indemnification), and 11 (Dispute Resolution) shall survive any termination of these Terms.
11. Dispute Resolution
11.1 Governing Law
These Terms shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of laws principles.
11.2 Informal Resolution
Before filing any legal proceeding, you agree to attempt to resolve any dispute informally by contacting us at legal@goldmaplevoice.com. We will attempt to resolve the dispute within 30 days of receiving your notice.
11.3 Arbitration
If informal resolution fails, any dispute arising out of or relating to these Terms shall be finally settled by binding arbitration administered by the ADR Institute of Canada in accordance with its Arbitration Rules. The arbitration shall be held in Toronto, Ontario, and conducted in English. Judgment upon the arbitration award may be entered in any court having jurisdiction.
11.4 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST GOLD MAPLE VOICE.
11.5 India-Specific Disputes
For clients and participants based in India, disputes shall first be subject to mediation in Gurugram, Haryana, under the Mediation and Conciliation Rules of the Indian Institute of Arbitration and Mediation. If mediation fails, the courts of Gurugram, Haryana shall have exclusive jurisdiction.
12. Modifications to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:
- Posting the updated Terms on this page with a revised "Effective Date";
- Sending an email notification to registered users;
- Displaying a prominent notice on our website.
Your continued use of our Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using our Services and close any accounts.
13. General Provisions
13.1 Entire Agreement
These Terms, together with any SOWs, MSAs, NDAs, and our Privacy Policy, constitute the entire agreement between you and Gold Maple Voice regarding your use of our Services, superseding any prior agreements.
13.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
13.3 Waiver
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision shall not constitute a waiver of such right or provision.
13.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction or consent.
13.5 Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
14. India-Specific Provisions
For clients and participants engaging with Gold Maple Voice India Pvt. Ltd. (CIN: U74140HR2020FTC123456), the following additional provisions apply:
14.1 GST and Taxation
All fees for services provided in India are subject to Goods and Services Tax (GST) at the applicable rate. Clients with valid GST registration must provide their GSTIN for invoice purposes. E-invoices will be issued in compliance with Indian tax regulations.
14.2 Indian Contract Act, 1872
These Terms are governed by the Indian Contract Act, 1872. Any person who is incompetent to contract within the meaning of the Indian Contract Act, 1872 (including minors, persons of unsound mind, and persons disqualified by law) shall not enter into these Terms.
14.3 Consumer Protection
Nothing in these Terms shall limit any rights you may have under the Consumer Protection Act, 2019. If you are a "consumer" as defined under that Act, you retain all remedies available to you under applicable law.
14.4 Information Technology Act
Gold Maple Voice India complies with the provisions of the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. Our data practices are detailed in our Privacy Policy.
14.5 Rupee Payment Terms
All payments for India-based services shall be made in Indian Rupees (INR) unless otherwise agreed in writing. Payments shall be made via NEFT, RTGS, IMPS, or corporate cheque.
15. Contact Information
If you have any questions about these Terms, please contact our Legal Department:
Gold Maple Voice Legal Department
Toronto, ON M5H 3X7, Canada
Gurugram, Haryana 122002, India
For research participant inquiries regarding specific studies, please contact our Participant Support team at participants@goldmaplevoice.com instead.
Acknowledgment and Acceptance
By using Gold Maple Voice's services, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. If you are accepting on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
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By using our services, you agree to these Terms. Privacy Policy |