Testing Programme Terms and Conditions
Who is the organiser?
1. The organiser of the Fantail Product Testing Programme is Fantail (hereinafter referred to as “Fantail” or “we”).
Who may participate?
2. The Fantail Testing Programme is open to dog owners aged 18 years or over, residing in Belgium, France or the Netherlands. Fantail may request, at any stage, that you provide proof of your age and residence.
3. By registering for the Fantail Product Testing Programme, you are indicating your agreement to be bound by these Terms and Conditions.
What is the Fantail Product Testing Programme?
4. Participants may register to partake in the Fantail Product Testing Programme (the “Programme”) by completing the online registration form. The goal of the Programme is to allow its participants to evaluate our products (ranging from dog beds to accessories).
5. A select number of persons that have registered for the Programme will be contacted to test Fantail products according to business needs (hereinafter referred to as “you” or “Product Tester”). The selection of Product Testers is at our sole discretion and will occur in accordance with the testing requirements of the respective campaign.
6. Product Testers that are selected to participate in the Programme will be contacted by Fantail according to testing needs via telephone, text message and/or email.
7. Selected Product Testers will be contacted prior to each test to confirm their availability to participate in a specific test. Product Testers that are selected to take part in a test must confirm their acceptance. Unclaimed product testing opportunities may be reallocated at Fantail’s discretion.
8. The procedure for the testing will be communicated directly to the selected Product Tester.
9. The products being tested during the Programme are and remain the property of Fantail. The Product Testers may not loan, sell or give the products that are being tested to any unauthorised third party.
10. Product Testers must return all samples after a specified testing period or at the request of Fantail, unless informed otherwise.
Competitor Relationships
11. You are required to promptly notify us in writing, if you engage with a competitor of Fantail before or during your engagement as a Product Tester. A competitor is any person or company that develops, manufactures or distributes products or services that are similar to Fantail’s products and services.
Limitation of Liability
12. As a Product Tester, you will be testing previously untested products. As such, you understand and acknowledge that any testing which may include your dog using the product may carry an inherent risk of injury to yourself, your dog, or to others. You participate at your own risk.
13. To the extent permitted by law, you agree to release, defend and hold Fantail and its affiliates harmless from all liabilities, costs, expenses and damages relating to all such risks.
Termination
14. Fantail may remove any Product Tester from the Programme at any time and for any reason.
15. The Product Tester may discontinue the Programme at any time and for any reason, by sending written notice to Fantail.
16. The Product Tester may not claim any compensation relating to any post-termination period after any such termination.
Rights regarding Product Feedback provided
17. During the Programme, you will provide feedback, comments, suggestions or ideas (collectively referred to as the “Feedback”) to Fantail’s testing team.
18. Fantail will use the Feedback for product development, research or any other purposes, without your explicit permission.
19. Additionally, you hereby irrevocably grant, assign and transfer to Fantail any and all rights, title and interest in and to the Feedback. Fantail shall have the sole and exclusive right throughout the world and in perpetuity to use and exploit the Feedback, in any format or version. However, Fantail is under no obligation to use the Feedback.
Confidentiality
20. In the course of a testing and/or an evaluation, Fantail (or any of Fantail’s affiliates) will provide the Product Tester with dog beds and/or any other gear, which itself and/or certain elements of the product have not been released to the public and are therefore strictly confidential.
21. In addition to the product, the Product Tester might acquire certain information which may contain proprietary commercial, operational (such as methods, processes, formulas, techniques, sources of supply, etc.) or product information, including not only facts that are obviously connected to Fantail’s operations, but also facts known only to a limited group of people which are of economic interest to Fantail and must remain confidential (the “Information”, product and Information together the “Confidential Information”).
22. The Product Tester is obligated to treat as strictly confidential all Confidential Information, until such time as:
a. the product is officially launched in the marketplace (and/or the Confidential Information is public knowledge); or
b. Fantail releases the Product Tester from this obligation (whichever occurs first).
23. The Product Tester shall (i) maintain such Confidential Information strictly confidential, (ii) not disclose the Confidential Information to any third party (evaluating the product in public is allowed), (iii) neither take nor publish any photos (or the like) of the Confidential Information, (iv) not use the Confidential Information for any purpose other than the evaluation of the Confidential Information. For the avoidance of doubt: Nothing in these Terms and Conditions shall restrict Product Tester from the evaluation and such evaluation may take place in public.
24. The Product Tester hereby acknowledges that in its examination of the Confidential Information, it may have access to material non-public information concerning Fantail.
25. The Product Tester shall immediately return all Confidential Information upon Fantail’s first request.
The breach of this agreement by Product Tester will lead to the immediate termination of the testing relationship between Fantail and the Product Tester. Fantail is entitled to claim full damages for all breaches caused by Product Tester.
Data Protection
26. Any personal data relating to you will be used for the purpose of this Programme, in accordance with the applicable data protection legislation.
27. If selected to participate in the Programme, Fantail will send you informational emails specifically related to the testing community.
28. In addition, Fantail will use the information provided to send you newsletters about Fantail’s products, surveys, offers and other promotional materials, if you sign up for our newsletter in the questionnaire.
29. For more information about the handling and use of your personal data, please visit our privacy policy.
Miscellaneous
30. Fantail’s decision in respect of all matters to do with the Programme are final and shall not be subject to review or appeal by any Product Tester or by any third party.
31. Fantail reserves the right to cancel or amend the Programme and these Terms and Conditions without notice in the event of force majeure such as a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of Fantail’s control. You will be notified about any changes to the Programme and these Terms and Conditions as soon as possible.
32. By registering, each Product Tester agrees to release, discharge and hold harmless Fantail, its legal representatives, affiliates, subsidiaries, agencies and their respective officers, directors, employees and agents from any damages whatsoever suffered, sustained or allegedly sustained in connection with the Programme.
33. Fantail has the right, at its sole discretion and at any time, to change or modify these Terms and Conditions. If any material changes are made to these Terms and Conditions, we will either post a notice on our website or send you an email notification. If you do not object to the updated Terms and Conditions at the time of notification, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.
34. This Programme is in no way sponsored, endorsed or administered by, or associated with any third party provider.
35. You acknowledge that no employee/employer relationship is established by this agreement or relationship. Fantail will not provide any form of compensation for the participation in the Programme, except for the €50 shop credit upon completion of the testing phase.
Applicable Law & Dispute Resolution
36. These Terms and Conditions are governed by Belgian law and any disputes will be subject to the exclusive jurisdiction of the courts of Brussels, Belgium.
Status: 28/02/2025
