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Terms of use

Preamble

Welcome to GetYourOffers. This platform is operated by [your company name, legal form, address, registration court, registration number, VAT ID no.] (hereinafter "GetYourOffers" or "we") (hereinafter "GetYourOffers" or "we"). GetYourOffers is a community-based platform that enables users to discover, share and rate everyday offers. These General Terms and Conditions (GTC) govern the use of GetYourOffers services, including our website and mobile applications.

A. General part - Applies to all users worldwide

§ 1 Scope of application and terminology

  1. Scope of application: These GTC apply to all users of the GetYourOffers platform. For users with habitual residence in certain countries or regions, the special provisions in the appendix apply in addition. In the event of contradictions between the general section and a country-specific appendix, the provisions of the appendix shall take precedence. Conflicting or deviating terms and conditions of the user shall not apply.

  2. User roles and definitions:

    • "Platform": Refers to the entirety of the services, websites and applications provided by GetYourOffers.

    • "User": Is any person who accesses the Platform.

    • "Guest": Is a User who visits the Platform without registering.

    • "OfferHunter": Is the basic role for any registered, unpaid user who actively shares content.

    • "Merchant" (or "Store Operator"): Is a user who acts as an entrepreneur and books paid premium functions for a store.

    • "Entrepreneur": Is a natural or legal person who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

    • "Consumer": means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

    • "Content": Refers to all data, texts, images and information posted by users on the Platform.

§ 2 Service description and role of GetYourOffers

  1. Community platform: GetYourOffers provides a technical platform on which a community of users can find, share and evaluate offers.

  2. No guarantee for offers: The offers presented on the platform are user-generated content. GetYourOffers is not the provider of the products or services presented and assumes no liability for the accuracy, timeliness, completeness or availability of the offers.

  3. No conclusion of contracts for offers: Contracts for the products displayed on the platform are concluded exclusively between the user and the respective third-party provider (e.g. the local retailer).

  4. Availability: We endeavour to ensure high availability of the platform, but cannot guarantee this at all times. Restrictions may occur, particularly for technical reasons (maintenance, security).

§ 3 Registration and user account

  1. Registration: In order to actively participate, free registration as an OfferHunter is required. The user is obliged to provide truthful and complete information.

  2. Account security: The user is responsible for maintaining the confidentiality of his/her access data.

  3. Non-transferability: The user account is personal and non-transferable.

  4. Minimum age: Use of the platform is only permitted to persons of legal age (generally 18 years or older). By registering, the user confirms that they have reached the legal minimum age for legal capacity in their country.

§ 4 General obligations of users and prohibited actions

  1. Legally compliant use: Every user undertakes to comply with these GTC and the applicable law.

  2. Prohibited content: It is prohibited to publish content that violates the rights of third parties, is untrue, offensive, misleading, illegal or otherwise objectionable.

  3. Prohibition of manipulation: The posting of knowingly false or fictitious offers ("fake entries") and the manipulative influencing of ratings are prohibited.

  4. Prohibition of spam and disruptions: Spam and actions that disrupt or excessively burden the technical infrastructure are prohibited.

  5. Export controls and sanctions: The use of the platform is prohibited in countries or for persons and organisations that are subject to international sanctions or export control laws. The user is responsible for complying with these restrictions.

§ 5 Content and rights of use (OfferHunter)

  1. Responsibility for content: The OfferHunter is fully responsible for the content he posts and guarantees that he has all the necessary rights.

  2. Comprehensive granting of rights: By uploading content, the OfferHunter grants GetYourOffers and affiliated companies a free, non-exclusive, spatially and temporally unlimited, transferable and sub-licensable right to use this content.

  3. Scope of the rights of use: The right includes in particular the reproduction, distribution, making available to the public, processing, use for internal purposes and AI training as well as the licensing of aggregated, factual data (e.g. store and offer data) to third parties via APIs. Personal, creative content such as user photos and comments are not licensed to third parties in isolation.

  4. Indemnification: The OfferHunter indemnifies GetYourOffers from all claims of third parties that are asserted due to an infringement of their rights by the content posted by the OfferHunter.

§ 6 Additional provisions for merchants (store operators)

  1. Conclusion of contract for premium functions: The fee-based contract is concluded by selecting a service package and completing the order process. The remuneration, term and cancellation periods are set out in the respective service description.

  2. Authorisation to claim a store: The user warrants that he is legally authorised to represent the company claimed. We may request proof of authorisation at any time.

  3. Contractual penalty for unauthorised claiming: For each case of culpable, unauthorised claiming of a store, the user undertakes to pay an appropriate contractual penalty, the amount of which is to be determined by us at our reasonable discretion and the appropriateness of which can be reviewed in court in the event of a dispute. The assertion of further damages remains unaffected.

  4. Special obligations: The merchant is solely responsible for the content posted by him and compliance with statutory information obligations (e.g. imprint obligation).

§ 7 Blocking and cancellation

  1. Cancellation by the user: The free OfferHunter account can be cancelled at any time. Contracts subject to a charge can be cancelled in accordance with the agreed terms and deadlines.

  2. Rights of GetYourOffers: In the event of violations of these GTC, we are entitled to take measures such as the deletion of content or the temporary or permanent blocking of the user account.

§ 8 Limitation of liability

  1. We are liable without limitation for intent and gross negligence. We shall only be liable for slight negligence in the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract (cardinal obligations). In this case, liability shall be limited to the foreseeable damage typical of the contract.

  2. The above limitations of liability shall not apply in the event of injury to life, limb or health or for claims arising from mandatory statutory provisions (e.g. Product Liability Act).

  3. Country-specific regulations in the appendix, which grant consumers further rights, remain unaffected by this clause.

§ 9 Data protection

Detailed information on the collection and use of your personal data can be found in our separate privacy policy. This also contains specific information in accordance with the respective local data protection laws.

§ 10 Final provisions

  1. Applicable law:

    • For entrepreneurs, the law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

    • For consumers, the law of the country in which they have their habitual residence shall apply. Mandatory consumer protection regulations of this state remain unaffected.

  2. Place of jurisdiction:

    • The exclusive place of jurisdiction for disputes with entrepreneurs is our registered office.

    • For actions by or against consumers, the statutory places of jurisdiction shall apply. Deviating regulations can be made in the respective country-specific appendix.

  3. Language: These GTC are provided in several languages. In the event of contradictions, the German version shall prevail, unless mandatory local law prescribes a different language.

  4. amendments to the GTC: We reserve the right to amend these GTC. Registered users will be informed of changes in text form in good time. The changes shall be deemed approved if the user does not object within four weeks.

  5. Severability clause: Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions.

Appendix I: Country-specific regulations for Germany / European Union

These provisions also apply to users who have their habitual residence in a member state of the European Union.

1. Right of cancellation for consumers for fee-based services

The right of cancellation described below applies exclusively to consumers and does not apply to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). If you as a consumer book a chargeable service (e.g. a merchant subscription) with us, you have a statutory right of cancellation.

Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded.

To exercise your right of cancellation, you must inform us ( [your company name, address, email address] ) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you cancel this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us).we will refund all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

Expiry of the right of cancellation

In the case of a contract for the delivery of digital content that is not on a physical data carrier, your right of cancellation shall expire if you have expressly agreed that we may commence performance of the contract before the expiry of the cancellation period and you have confirmed that you are aware that you lose your right of cancellation upon commencement of performance of the contract.

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form)

  • To [your company name, address, e-mail address]:

  • I/we () hereby cancel the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

  • Ordered on ()/received on ()

  • Name of the consumer(s)

  • Address of the consumer(s)

  • Signature of the consumer(s) (only for notification on paper)

  • Date

(*) Delete as appropriate.

2. Regulations on subscriptions (§ 309 No. 9 BGB)

  1. Initial term: The initial term of a paid subscription is a maximum of 12 months.

  2. Extension & cancellation: If the contract is not cancelled in due time, it is extended indefinitely after the initial term and can be cancelled at any time with one month's notice.

3. Price information (PAngV)

All prices for chargeable services are quoted as final prices including statutory VAT. In the case of subscriptions, the total monthly price is shown clearly and comprehensibly.

4. Consumer dispute resolution

The European Commission provides a platform for online dispute resolution (OS): Site relocation. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but declare our willingness to do so voluntarily.

Appendix II: Country-specific regulations for India

These provisions apply in addition to users who have their habitual residence in India.

1. Liability regulation (Indian Contract Act, 1872 & Consumer Protection Act, 2019)

  1. The limitation of liability set out in the General Section (Section 8) applies with the proviso that liability for "gross negligence" and "wilful misconduct" is not excluded or limited.

  2. The rights of consumers under the Consumer Protection Act, 2019, remain unaffected. A complete exclusion of liability towards consumers is not possible.

2. Arbitration (Arbitration and Conciliation Act, 1996)

  1. All disputes arising out of or in connection with these Terms and Conditions which cannot be settled amicably shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996.

  2. Number of arbitrators: The arbitral tribunal shall consist of one (1) arbitrator to be appointed jointly by the parties.

  3. Seat of Arbitration: The seat of arbitration shall be Bangalore, India.

  4. Language: The language of the arbitration shall be English.

  5. Institution: The arbitration shall be administered by the Indian Council of Arbitration (ICA).

  6. This arbitration clause does not prevent consumers from asserting their legal rights before the competent courts.

3. Place of jurisdiction

  1. For users who are entrepreneurs, Bangalore shall be the exclusive place of jurisdiction for all disputes.

  2. Users who are consumers may also bring actions at their place of residence. An exclusive place of jurisdiction for consumers is not agreed.

4. Data processing

We process personal data in accordance with applicable laws, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. Our Privacy Policy provides transparent information about what data is collected, how it is used and whether it is transferred outside India. In case of data transfer to the European Union, we rely on recognised legal instruments such as adequacy decisions or Standard Contractual Clauses to ensure an adequate level of data protection.