Terms & Conditions

Xcel Global Panel (the “Panel”) is a market research access panel owned and operated by Market Xcel Data Matrix Pvt Ltd, a global research, insights and technology company. 

As a member of the Panel, you will have the opportunity to participate in market research activities including online and mobile surveys, product tests, focus groups, and more.

These terms are subject to change. For more information on how we use the data you provide, please see our Privacy Policy.

These General Terms & Conditions/Terms of Use include a class action waiver and a waiver of jury trials and require binding arbitration on an individual basis to resolve disputes.

1. Applicability; Agreement

These General Terms and Conditions/Terms of Use (these “Terms”) govern and apply to all of Xcel Global Panel’s applications and services, including, but not limited to, (1) any Xcel Global Panel or subpanel (individually a “Panel” and collectively the “Panels”), (2) any Panel website (individually a “Website” and collectively the “Websites”), (3) any Xcel Global Panel mobile application(s), (4) participation in any survey or study offered, provided, hosted or administered by or through Xcel Global Panel and (5) your eligibility for, and/or redemption of, rewards, incentives and prizes offered for certain actions and activities, including, but not limited to, completing surveys (collectively, the “Applications/Services”).

All references in these terms to “Xcel Global Panel” include Xcel Global Panel and its parents, subsidiaries and affiliates. All references in these Terms to “us” or “we” refer to Xcel Global Panel.

By registering for, accessing, using, and/or participating in, the Applications/Services, you hereby expressly agree to comply with and be bound by these Terms.

Xcel Global Panel reserves the right to refuse, restrict, prohibit or reject your access to, use of, and/or participation in the Applications/Services, at any time and for any reason.

2. Membership Eligibility and Participation

The Applications/Services are strictly for your personal, non-commercial use. You may use the Applications/Services only when and as available. The Applications/Services are only available to individuals who are eighteen  (18) years of age or older. Participation on the Panel is limited to only one (1) account per person. From time to time our clients may want to survey the opinion of minors, they may only participate with parental consent, via their parent’s account. Xcel Global Panel employees are not permitted to participate in the Panel for personal use.

Your participation in survey, focus group, telephone or other research (“Research”) through the Applications/Services is based on your desire to share opinions and provide feedback. Such participation in the Research is voluntary for you, without the control or direction of Xcel Global Panel, and you shall exercise independent judgment and discretion while doing so.

3. Use of the Applications/Services

The Applications/Services are for personal, non-commercial use. You may use the Applications/Services only when and as available. Xcel Global Panel reserves the right to change, modify, eliminate, and/or restrict or block access to, all or any part of the Applications/Services, without notice, at any time, for any reason or no reason.

Xcel Global Panel provides Panel members and non-Panel members with the opportunity to participate in surveys. Participation in surveys is voluntary. By agreeing to become a Panel member, you agree to receive invitations to participate in surveys. Additionally, Xcel Global Panel may allow Panel members to communicate with other Panel members of Xcel Global Panel. You may unsubscribe from Panel membership at any time.

4. Panel Registration; Passwords

You may access any Website(s) as a visitor without registering for membership with the Panel associated with the Website(s) and without providing or disclosing personal information.

To register as a Panel member you will be required to provide or disclose certain personally identifiable information (“PII”) to Xcel Global Panel. Please review Xcel Global Panel’s Privacy Policy for information on Xcel Global Panel’s privacy practices. Panel members and non-Panel members are required to truthfully provide all information. Xcel Global Panel reserves the right to restrict or prohibit your use of, access to and/or participation in the Applications/Services if you provide, or Xcel Global Panel reasonably suspects that you have provided, information that is untrue, inaccurate, not current, or incomplete.

Each Panel member will create his/her username and password. Panel members are solely responsible for the security of their usernames and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts. Xcel Global Panel strongly recommends against the use of any personal identification ID or number, as a username or password. Please do not disclose your password to anyone else, you are responsible for keeping it safe. We will not be liable for any unauthorized use of your account, which includes unauthorized use of your email address, password and reward redemption.

Panel membership is specific to the individual who registers for membership with the Panel; panel membership is not transferrable.

You acknowledge that you are accessing, using and/or participating in the Applications/Services in the capacity of an independent contractor and that no agency, partnership, joint venture, employee–employer or franchisor–franchisee relationship is intended or created by this agreement.

5. Unauthorized Uses

You agree not to: (i) use spiders, robots or other automated data mining techniques to catalogue, download, store or otherwise reproduce or distribute data or content available in connection with the Applications/Services, or to manipulate the results of any survey, prize draw or contest; (ii) take any action to interfere with any Website(s) or an individual’s use of any Website, including, but not limited to, by overloading, “flooding”, “mail bombing” or “crashing” any Website; (iii) send or transmit any viruses, corrupted data or any other harmful, disruptive or destructive code, file or information, including, but not limited to, spyware; (iv) collect any personally identifiable information of or about any other user of the Applications/Services; (v) send unsolicited emails, including, but not limited to, promotions and/or advertising of products or services; (vi) open, use, or maintain more than one (1) membership account with a Panel; (vii) Forge or mask your true identity; (viii) frame a portion(s) of any Website within another website or alter the appearance of any Website; (ix) establish links from any other website to any page of, on or located within any Website or to the Applications/Services, without the prior express written permission of Xcel Global Panel; (x) post or transmit any threatening, libellous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein); (xi) engage 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, redeeming or attempting to redeem rewards, prizes and/or incentives through false or fraudulent means, and tampering with surveys; (xii) reverse engineer any aspect of the Applications/Services or do any act or take any action that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws; (xiii) engage in any criminal or illegal act(s); (xiv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xv) encourage and/or advise any individual, including, but not limited to, any Xcel Global Panel employee, to commit any act(s) prohibited hereunder.

You acknowledge and agree that you will fully cooperate with Xcel Global Panel on all legal disclosure request(s) (e.g. court order or subpoena).

To protect against unauthorized use of Applications/Services, Xcel Global Panel has engaged and from time to time will engage certain other third-party ID verification service providers as available and specific to different regions. In connection with your use of the Applications/Services, you may be asked to verify your identity through our third-party ID verification service provider's platform. In all cases, such service providers shall be subject to appropriate agreements concerning data processing, confidentiality, etc.

6. Restricted Content

In connection with your use of, access to and/or participation in the Applications/Services, you may have the opportunity to review or access confidential and proprietary information, materials, products and content (“Restricted Content”) belonging to Xcel Global Panel and/or Xcel Global Panel’s clients, partners and/or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile or otherwise use, alter or transfer Restricted Content without the prior express written consent of Xcel Global Panel. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations and prohibitions contained in this Section, in addition to any other rights or remedies available to Xcel Global Panel, Xcel Global Panel reserves the right to terminate, prohibit or restrict your use of, access to and/or participation in the Applications/Services.

7. User Content

You are solely liable and responsible for all content, materials, information and comments you use, upload, post or submit in connection with the Applications/Services (“User Content”). You are solely responsible for all third-party approvals, consents and/or authorizations required for User Content. If you submit User Content, the User Content may become publicly available and may be shared with third parties including, but not limited to, Xcel Global Panel’s clients, clients of Xcel Global Panel’s clients, and third-party service providers. User Content should only include audio, video, images or the likeness of the individual submitting the User Content and should not contain copyrighted or trademarked content or material of any third party. User Content should not include audio, video, images, or the likeness of anyone other than the user. You will not receive compensation for any User Content. If you would like information about the identity of the sponsor of a survey in which you submit photos or videos, please contact Xcel Global Panel as outlined in Xcel Global Panel’s Privacy Policy. To identify the specific survey, you will need to provide Xcel Global Panel with your email address and information on the specific survey (e.g., survey number, survey topic or subject matter, date you completed the survey, etc.).

By using, uploading, posting or submitting User Content in connection with the Applications/Services, you hereby grant to Xcel Global Panel a perpetual, irrevocable, unlimited, transferrable, sub-licensable, worldwide, royalty-free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute and otherwise use, modify or distribute your User Content in any manner, without compensation or notice.

You are solely responsible for User Content. Xcel Global Panel does not and cannot review all User Content and Xcel Global Panel is not responsible for User Content. Xcel Global Panel reserves the right to delete, move or edit User Content that is, in Xcel Global Panel’s sole discretion, deemed to: (i) violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene or otherwise unacceptable.

8. Rewards Programs

A. With your use of the Applications/Services, you may have the opportunity to accumulate rewards, incentives, and entries for prize draws or sweepstakes. Incentives may be in the form of points. The points have no monetary value and cannot be redeemed for cash. The Points may not be auctioned, traded, bartered or sold and are not transferrable upon death, by gift, as part of a domestic relations matter, or otherwise, except by operation of law. Information, official rules and terms and conditions for rewards, incentives and prize draws may be available in these Terms, on the Website, at the beginning or end of a survey, in survey invitations, on the website(s) or webpage(s) for redeeming rewards, incentives, and prizes, and/or may be described in any newsletter or other communication distributed or published by Xcel Global Panel.

The various types of incentives and rewards Xcel Global Panel may provide are to encourage participation in the Panel and are not compensation for time spent. Any points that are earned or paid to you or any reward that is redeemed by you for participation in the Research or other activity on a Panel is not calculated based on time spent by you. Similarly, any consideration paid to or points earned by you for participation is not pro-rated on an hourly basis or otherwise.

B. All points posted to a Panel member’s account expire one (1) year following posting unless the points are forfeited or canceled earlier due to membership or account inactivity or as otherwise outlined in these Terms. Panel member accounts are not actual bank or financial accounts and do not accrue or accumulate interest of any kind.

C. Points posted in connection with the Applications/Services do not constitute property of the Panel member, cannot be transferred during or after the Panel member’s life, by operation of law or otherwise, and have no value until presented by the Panel member for redemption by these Terms.

D. If any points or incentives have been erroneously posted to a Panel member’s account, Xcel Global Panel may remove them from the Panel member’s account.

E. If any points or incentives have been obtained and/or posted to a Panel member’s account through fraudulent means, Xcel Global Panel will remove them from the Panel member’s account and the account may be suspended and/or terminated.

F. The points conversion program is available to users in the United States (US), India (IN), and Singapore (SG). Points earned through eligible activities can be redeemed in the respective local currencies.

Conversion Ratios:

US: 100 points are equivalent to 1 USD.

India: 100 points are equivalent to 100 INR.

Singapore: 60 points are equivalent to 1 SGD.

G. Redemption: Points can only be redeemed in the specified conversion currency for each country, as listed above. The minimum number of points required for redemption is based on the conversion ratios. The conversion rates may be subject to change at the company's discretion.

• The company reserves the right to modify the points conversion policy, including the conversion ratios and the terms of redemption, without prior notice.

• All conversions are final once processed.

• Points will be deducted from the Panel member's account at the time the redemption request is made.

• All redemptions are final, and rewards may not be returned for credit except as otherwise provided in these Terms or as otherwise agreed to in writing by an authorized representative of Xcel Global Panel.

• There is no cash payment but only gift cards.

• Xcel Global Panel has engaged and from time-to-time will engage certain third-party ID verification service providers, in connection with the redemption process. To redeem rewards, you may be asked to verify your identity through our third-party ID verification service provider's platform. In all cases, such service providers shall be subject to appropriate agreements concerning data processing, confidentiality, etc.
  
  
  

• Xcel Global Panel may modify, alter, delete or add new terms and conditions for its rewards program or the Applications/Services at any time without notice. For Xcel Global Panel this includes, but is not limited to, modifying, altering, adding or deleting point values, redemption levels, conversion ratios, conditions for status, conditions for membership and conditions for earning incentives or rewards, at any time without notice. In addition, Xcel Global Panel may terminate or cease offering any incentive or reward in connection with Xcel Global Panel’s rewards program, at any time without notice.

• Panel members must first redeem the oldest accrued points before any subsequent or newly earned points can be redeemed. This means that if you have accumulated points over time, the points earned earliest must be used first.

• Points may only be redeemed once per transaction or reward claim.

Points have a validity period as per the program’s terms. If not redeemed within the specified timeframe, they will expire and cannot be reinstated.

H. You may not combine your points belonging to any other member, including, but not limited to, any family member or friend.

I. Xcel Global Panel make no representations or warranties of any kind, express or implied, regarding any product or service received in connection with Xcel Global Panel’s rewards program, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. Xcel Global Panel is not, and will not be, liable or responsible for the performance of, or for the failure of the performance of, any product or service for which points, incentives or rewards are redeemed. In addition, Xcel Global Panel is not and will not be responsible or liable for any cost, damage, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of, or defect in, any product or service for which points, incentives or rewards are redeemed. Xcel Global Panel will not replace any lost, stolen, misplaced or damaged incentives or rewards.

J. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE POINTS, INCENTIVES OR REWARDS EARNED THROUGH THE APPLICATIONS/SERVICES MAY BE SUBJECT TO TAX, WHICH IS THE SOLE RESPONSIBILITY OF THE PANEL MEMBER. Xcel Global Panel may provide you and/or the appropriate government agency or taxing authority with information related to any payments or incentives you earn in connection with your use of the Applications/Services. You agree to provide Xcel Global Panel with all required information to assist Xcel Global Panel in complying with its reporting or withholding obligations. Xcel Global Panel may withhold any tax from any incentive or reward as required by applicable law.

K. Xcel Global Panel uses reasonable efforts to ensure that points are credited and debited appropriately; however, the Panel member should review their account to ensure that their account correctly identifies the posted points, incentives, or rewards, and reflects all of the appropriate redemption transactions. If you feel that your account was not credited or debited correctly or reflects incorrect redemption transactions, please send an email to [email protected] Any email sent to Xcel Global Panel should include the Panel member’s name, email address and specific information on the subject matter. Xcel Global Panel will use reasonable efforts to investigate the matter and to respond to the Panel member promptly. Xcel Global Panel's decision is final and binding.

L. The suppliers or providers of the products or services offered in connection with Xcel Global Panel’s rewards program and/or the owners or operators of the website(s)/webpage(s) on which redemption transactions occur, may have their own terms and conditions; please review these terms and conditions carefully.

M. Personal information may have to be collected, processed and/or disclosed in connection with Xcel Global Panel’s rewards program and/or any request to redeem a reward or incentive. By agreeing to these Terms, you hereby agree to the collection, processing and/or disclosure of your personal information for such purpose(s) and all such personal information shall be subject to the terms outlined in Xcel Global Panel’s Privacy Policy.

9. Profile Updates

Panel members agree to notify Xcel Global Panel promptly of any changes in or to the information contained in their member profile. Panel members agree to review and update their membership profiles as necessary but no less frequently than once every six (6) months. A Panel member may update, correct and/or delete information contained in his or her membership profile by: (i) accessing his or her Panel membership account; or (ii) sending an email to the appropriate Panel member services team for the appropriate Panel.

10. Opt-Out Policy

Panel members may opt-out from using the Applications/Services (including, without limitation, from receiving newsletters or communications), at any time, by: (i) following the unsubscribe procedures described on the applicable Website(s) or contained in any email received from Xcel Global Panel; or (ii) sending an email to the Panel member services team. Xcel Global Panel shall use reasonable efforts to read and respond to each email request within a reasonable period after receipt. Upon termination, a Panel member’s contact information will be removed from any further communication or contact lists. Please allow a few days for the complete removal of contact information from Xcel Global Panel’s communication or contact lists for the applicable Panel; during which period the member may receive communications which were created or compiled before termination. Please see Xcel Global Panel’s Privacy Policy for information on how Xcel Global Panel handles information and data following an unsubscribe, termination or opt-out request (“Xcel Global Panel’s Privacy Policy”).

11. Links

In connection with your use of the Applications/Services, you may be able to link or connect voluntarily to websites maintained and/or operated by third parties (“Third Party Websites”). Xcel Global Panel does not endorse any Third Party Website nor any products, services and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website (“Third Party Information”). Xcel Global Panel does not make any representations or warranties regarding Third Party Websites and/or Third Party Information. Please carefully review all policies and terms applicable to Third Party Websites and Third Party Information.

12. Communications with Xcel Global Panel

All communications (excluding personal information) and User Content submitted or transmitted by you to Xcel Global Panel, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by you either before, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by Xcel Global Panel for any legal reason.

13. Disclaimer

THE APPLICATIONS/SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND APPLICATIONS/SERVICES MADE AVAILABLE ON OR THROUGH THE APPLICATIONS/SERVICES, ARE PROVIDED “AS IS”. XCEL GLOBAL PANEL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE APPLICATIONS/SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT. FURTHER, Xcel Global Panel HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. XCEL GLOBAL PANEL DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY OR FUNCTIONS CONTAINED IN THE APPLICATIONS/SERVICES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE APPLICATIONS/SERVICES AND MAKE THE APPLICATIONS/SERVICES AVAILABLE WILL BE CORRECTED OR THAT THE APPLICATIONS/SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE APPLICATIONS/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XCEL GLOBAL PANEL DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE APPLICATIONS/SERVICES.

14. Changes

Xcel Global Panel hereby reserves the right, in Xcel Global Panel’s sole discretion, to make changes to these Terms. Xcel Global Panel encourages you to review these Terms on an ongoing basis. Xcel Global Panel will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to, and/or participation in the Applications/Services does and will constitute your acceptance of these Terms as amended.

15. Indemnification

You agree to indemnify, defend and hold harmless Xcel Global Panel and its parent, affiliated and subsidiary companies and its respective members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, but not limited to, reasonable attorneys’ fees and court costs, arising out of, resulting from or caused, either directly or indirectly, by: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Applications/Services.

16. Limitations of Liability

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL Xcel Global Panel BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER XCEL GLOBAL PANEL IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST.

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

17. Compliance with Applicable Laws

You acknowledge and agree that you will comply with all applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your use of, participation, in, and/or access to the Applications/Services.

18. Suspension; Termination; De-Activation of Panel Membership Accounts

Either party may terminate your membership with a Panel at any time, with or without cause, for any reason or no reason, and without liability for the termination.

In addition to any and all other available remedies, Xcel Global Panel may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Applications/Services if you are in breach or violation of these Terms. If Xcel Global Panel terminates your membership due to your breach or violation of these Terms: (i) you forfeit all rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes, effective immediately upon termination; (ii) your membership will immediately be cancelled; and (iii) your access to, participation in and use of the Applications/Services (including, but not limited to, participation in survey projects) will immediately cease.

If a non-Panel member breaches or otherwise violates these Terms, such non-Panel member hereby agrees that: (a) all rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes (if any), shall be forfeited effective immediately upon termination; and (b) access to, use of, and participation in the Applications/Services will immediately cease.

In addition, Xcel Global Panel reserves the right to de-activate your Panel membership account: (a) if your membership account does not remain Active (as defined herein); (b) if Xcel Global Panel receives a hard bounce or delivery failure notice in regards to email communications sent by Xcel Global Panel to your email account; or (c) if Xcel Global Panel receives a “mailbox full” reply notice three (3) times in regards to email communications sent by Xcel Global Panel to your email account. For the purpose of these Terms, “Active” means that you: (i) participate in a survey at least once every six (6) months; or (ii) update your profile or member information at least once every six (6) months.

In the event of deactivation, termination by you or termination by Xcel Global Panel (other than for your breach or violation of these Terms), Xcel Global Panel shall maintain a record of the posted, unredeemed rewards, incentives and/or prizes and, subject to the applicable minimum redemption thresholds, shall allow you to redeem such rewards, incentives and/or prizes for a period of thirty (30) days following the effective date of termination or deactivation of your account. Termination or deactivation of your membership will not delete or remove any application(s).

19. Notices

A. Notice From You to Xcel Global Panel. Except as otherwise set forth herein or as required by Applicable Laws, all notices to be sent or provided to Xcel Global Panel should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the appropriate member services team for the appropriate Panel.

B. Notice From Xcel Global Panel to You. Except as otherwise required by Applicable Laws, you agree that Xcel Global Panel may provide notices to you: (i) via the e-mail address provided by you to Xcel Global Panel (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that Xcel Global Panel did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid or that the e-mail otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to Xcel Global Panel (in which case notice shall be effective six (6) days following deposit in the mail); or (iii) by posting notices on the applicable Website(s). You agree to check the applicable Website(s) frequently for notices and to keep your personal information up-to-date.

C. Legal Notice. All questions regarding these Terms and all legal notices should be sent, under Section 20.A. of these Terms, to:

Xcel Global Panel,

17, Okhla Phase III

New Delhi 110020

Via email to: [email protected]

21. Severability

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.

22. Arbitration Agreement

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms, the use of any product or service provided by Xcel Global Panel, or related to the processing of personal data, that cannot be resolved informally, shall be settled by binding arbitration on an individual basis under the terms Arbitration and Conciliation Act 1996. Unless otherwise agreed, all arbitration proceedings will be conducted in English. This Arbitration Agreement applies to you and Xcel Global Panel, along with any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Before either party seeks arbitration, a written Notice of Dispute (“Notice”) must be sent, detailing the nature and basis of the claim or dispute, and the requested relief. The Notice to Xcel Global Panel should be sent to its India office or legal representative. After the Notice is received, you and Xcel Global Panel may attempt to resolve the claim or dispute informally. If the dispute is not resolved within thirty (30) days after receipt of the Notice, either party may begin arbitration proceedings. The amount of any settlement offer may not be disclosed to the arbitrator until after the arbitrator determines the award, if any.

Arbitration shall be conducted through an established alternative dispute resolution provider (ADR Provider) in India, such as the Indian Council of Arbitration (ICA) or a similar recognized body. If the selected ADR Provider is not available, the parties shall agree to choose an alternative provider. The rules of the ADR Provider will govern all aspects of the arbitration process, unless those rules conflict with these Terms. The arbitration shall be conducted by a single, neutral arbitrator. 

If you or Xcel Global Panel pursue arbitration, it must be initiated within the applicable statute of limitations or any deadlines specified by the ADR Provider's rules for the pertinent claim.

The arbitrator will decide the rights and liabilities of both parties, and the dispute will not be consolidated with other matters or cases. The arbitrator may award monetary damages or non-monetary relief as permitted by applicable Indian laws, the ADR Provider's rules, and the Terms. The arbitrator will issue a written decision with the essential findings, and the decision will be final and binding on both parties.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event, that any litigation should arise between you and Xcel Global Panel in any state or court of law in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable with regards to any particular subject matter by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect about such specific subject matter and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

This Arbitration Agreement will survive the termination of your relationship with Xcel Global Panel.

Notwithstanding the foregoing, either you or Xcel Global Panel may bring an individual action in small claims court.

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or court of law in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

23. Governing Laws; Jurisdiction and Venue

These Terms and your access to, use of, or participation in the Applications/Services shall be governed by and construed in accordance with the laws of India, without regard to any conflict of law principles that might result in the application of the laws of another jurisdiction. All claims or disputes arising in connection with these Terms and/or your access to, use of, or participation in the Applications/Services shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India.

24. Miscellaneous Terms

The headings contained in these Terms are for reference only and shall not affect the interpretation and/or application of these Terms. Xcel Global Panel’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 Xcel Global Panel from enforcing any subsequent breach by you of these Terms. These Terms and any rules, terms or policies referenced herein or incorporated herein, and any Panel-specific requirements, represent the entire understanding and agreement between Xcel Global Panel and you concerning the subject matter hereof.

Last updated: October 10, 2024