1. Copyright and rights for users
1.1 Investigations or project results carried out on an exclusive basis for TCTASK which contain copyright that belong to TCTASK. The results of the survey or projects that mentioned above are only allowed to be stored in the partner's database by anonymous , TCTASK allows the partners to store all the records of the surveys or projects in their database .And it is used as the standard and verification for analysis.
2. Surveys Records - Data Protection
2.1 The completed surveys and the ownership of the computer disks belong to TCTASK
2.2 Under Chinese law and the confidentiality terms of the trade association to which the partner and its employees belong (i.e. the protection of the identity of the interviewee and the source of the information), TCTASK may request a copy of the above materials from the partner. The incurred costs should be undertaken by TCTASK. These materials should be used by TCTASK only for research purposes.
2.3 The partners and TCTASK agree that they will strictly comply with their obligations under the market research guidelines and applicable data protection laws arising from or related to the processing of personal identity information under this agreement
3.1 It is possible for both the partner and TCTASK to contact or understand part of each other's confidential information during the performance of the agreement. "confidential information" means trade or commercial information disclosed by one party orally or in writing to the other party, including, the terms and conditions of this contract, reports, TCTASK lists, market and product plans, technology, systems, business processes, and other finance, Sales, marketing or business information ,but not those limit . The above information does not include the following: (1) what have been made public through publications or other media; (2) Those legally obtained from third parties without any obligation of confidentiality; (3) before one party divulges the others. The information has been lawfully obtained by the party; (4) Independently derived by the party to be disclosed without using or referring to the confidential information of the other party. Each party to the contract shall protect the confidential information obtained from the other party in a reasonable and prudent manner; and, if so requested by the other party, the other party shall destroy or return to the other party the confidential information of the requesting party upon the termination or expiration of this contract. However, for the purposes of archiving and record keeping, each Party may retain a copy of this agreement and the partner may retain a copy of the report.
4.1 The partner should provide agreed services in accordance with the industry standards applicable to the market research industry.
4.2 TCTASK acknowledges that the data contained in the report consist mainly of estimates. These estimates are based on accepted market research methods and are subject to statistical errors.
4.3 The partner should make every effort to ensure the accuracy of the data collected and the statistical planning based on the data and survey reports. The source of information is not under the control of the partner for a long time.
5. Limitation of liability - Guarantee
5.1 Except for the liability specifically in this contract, as well as the provisions of this agreement for compensation and breach of confidentiality, no error in any service, report or data should be made by either party to the failure to complete or to delay the completion of any service, or any form of loss, expenses or damages (including, but not limited to, direct, special, accidental or secondary damages) resulting from the use of such false reports or data, Liability for infringement (including negligence). Except where the contractual partner intentionally or grossly negligently causes it.
5.2 The partner shall safeguard and enable the TCTASK and its officials, directors, employees and agents not to be caused by any act or fault of the partner or any of its employees or agents, An action based on compensation for personal damage or damages to tangible property. If TCTASK notifies the partner in writing in time about the litigation and the partner has the right to control the action including the right of independent mediation, the partner shall assume the obligation to pay for the final judgment or the mediation agreement arising from the action.
5.3 If TCTASK leaks this investigation report to a third party other than its affiliates, or fails to use the investigation report for the purposes specified in this contract, TCTASK agrees to indemnify and secure the partner and its leaders, directors, employees, agents and so on from all litigation. Compensation, loss, or expense.
5.4 If an investigation commissioned by a partner requires the inspection, use or consumption of any substance (including, but not limited to, food, drink or medicine) by the interviewee, the TCTASK shall safeguard the partner and its officials, directors, The employee or agent shall not be subject to any claim by any person associated with the description, display, use or consumption of the said material, whether or not TCTASK is the manufacturer, distributor or sales agent of the said material.
6.1 In no case shall TCTASK quote the report or data submitted by the partner in a manner contrary to any Chinese law. All liability arising from TCTASK violation of this Article shall be borne by TCTASK.
6.2 TCTASK may not require a partner to carry out investigation and research activities in violation of the provisions of Chinese law. If TCTASK requests a partner to engage in such activities, such request shall be deemed invalid. Such activities include, but are not limited to: survey activities that duplicate surveys conducted by national and local government statistical agencies; and survey activities in the name of government statistical agencies and government statisticians, which involve access to State secrets, Investigative activities that impair national security and interests, harm the public interest of society or engage in fraudulent activities; and investigations that violate the obligation of confidentiality of information known to the respondent in the course of the investigation.
7.1 Where either party has substantially breached the contract by the other party and has not corrected it within thirty (30) days of receipt of the notice, or if the other party applies or is filed for bankruptcy / is insolvent or is the object of other similar proceedings, This Agreement may be rescinded.