General Terms and Conditions of the GiftPanda App and Website

The following conditions apply to your use of the GiftPanda App and Website.

1. Your contractual partner

The Provider of the GiftPanda app and website and therefore your contractual partner is the
ayeT-Studios GmbH
Lister Platz 2
30163 Hannover, Germany
Germany
Can be contacted at:
E-mail: giftpanda@ayetstudios.com
(Hereinafter “Provider”, “GiftPanda” or “we”).
ayeT-Studios GmbH is registered under the number HRB 211094 in the Handelsregister at the Amtsgericht Hannover and is represented by its managing directors David Heuer, Pascal Ludynia and Florian Brede.
  1. The business relationship between GiftPanda and the User is subject exclusively to the following general terms and conditions (hereinafter GTC), subject to an explicit, different individual contractual agreement.
  2. The offer is aimed at consumers. For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes the contract for a purpose which can not be attributed to his commercial or independent professional activity (§ 13 of the Civil Code – Bürgerliches Gesetzbuch – BGB).

2. Service and functions

  1. GiftPanda provides a free service for private Users, which can be accessed under the GiftPanda app on the Google Play and Apple App Store or under the domain www.giftpanda.de or www.giftpanda.mobi (hereinafter “GiftPanda Services”) and which offers registered Users the participation to the below described App-Discovery- and Cashback-Program.
  2. For this purpose, the Provider of the GiftPanda services provides a service platform, which allows the User access to a large number of partner companies (hereinafter “platform”, “partner companies”). In the case of purchasing or obtaining software, applications, services and goods via one of these partner companies, the User is credited a commission (hereinafter “commission” or “credit”) under the following conditions.
  3. We reserve the right to discontinue, amend or alter the GiftPanda Services with due regard for your needs.
  4. We will notify you of any such changes to the GiftPanda Services in the product description on the Google Play or Apple App Store or on the website, so you can decide whether to install new versions of the app on your smartphone or use newer versions of the website. If your smartphone is set to automatically install new versions of the apps, you must check regularly to see if you agree to any changes made to the product, especially if you get notified about updates by your smartphone. Additionally, when you first launch a new app version, you will be notified of any changes made, so you can decide if you want to use the new version of the app.
  5. If you do not agree to such changes to the GiftPanda Services, you may terminate your use at any time by deleting the app from your smartphone or by stop using the website.
  6. If we no longer support an older version of the app, this qualifies as a termination of the User contract and agreement for this older app version by GiftPanda. In this case, we recommend that you update to the current version of the app, which you can then continue to use.

3. Participation / Registration / Account

  1. The Provider offers to any natural, private person who has reached the age of 18 the possibility to register on the platform with an e-mail address, the Google+ -Login or the Facebook-Login and thus to take part in the App-Discovery- and Cashback-Program.
  2. In order to set up an account and become a User, the User must register and agree to the Terms and Conditions. Registration can only take place if the User has accepted the GTC and Privacy Policy by checking the field and thereby including both official documents into his registration process.
  3. Participation is free. This shall not affect any payment obligations on the part of the User in connection with purchases, orders or subscriptions to the Provider’s partner companies.
  4. When registering on the platform, the User must ensure the correctness, completeness and up-to-dateness of the information he provides and has to notify the Provider immediately, when his / her account information changes. Until such change or information of change is given, the Provider is entitled – but not obliged – to use the previous personal data and bank connections of the User for all information and all withdrawals from the GiftPanda account.
  5. After successful registration a User account is set up. The User has the opportunity at all times to access his / her previous activities and his / her current account status and information.
  6. The User is not entitled to create different accounts with different personal data.
  7. The User does not participate in misuse or fraud of his account or actively damages the Provider in any other way.
  8. The User guarantees that neither he nor his account is connected to spam and that no external links have been placed on the platform in order to earn money. Excluded from this are external links from partners of the Provider, for which the Provider operates referral services, such as, in particular, friends-advertising-friends programs. It is not permissible to link affiliate links of the provider to other websites or to send them in spam e-mails. This does not apply to links of the Friendsharing Program under the terms defined here. The User may therefore, e.g. share his personal friendship link on his own homepage, his own blog or for his own videos.
  9. The Provider is entitled to refuse or not accept the application for participation in its App-Discovery- and Cashback-Program without giving reasons.
  10. The Provider is entitled to close the account of the User and to exclude him from the participation for the reasons stated in 7..

4. App Discovery and Cashback Program Requirements

  1. The Provider uses affiliate marketing on his platform, so that the links to the partner apps, surveys, sweepstakes, shops, or similar (hereinafter referred to as “Partner Offers”) are generated with an affiliate link by an affiliate program in order to receive commissions on the sales. Affiliate marketing is a partner program in which the affiliate network operator offers website and app operators the opportunity to receive placement commissions through the placement of advertisements for products or services from a retailer or software developer. A so-called tracking link is used for affiliate marketing in order to store electronically that the User has visited the retailer via the platform and bought products there.
  2. A commission will only be distributed if the User is logged in to his account and visits the partner offers of the Provider via the provided link and then directly fulfills the prescribed tasks or purchases directly on the partner side or in the partner app without invoking other pages or apps in the meantime that could disturb the tracking process without notice.
  3. The claim for payment of the commissions is based on the affiliate set-up and use of the program due to the Provider opposite the partner shop. The payment to the Provider can take several months.
  4. Upon payment of the commission to the Provider, the User shall be entitled, under the cumulative conditions set forth below, to claim a payment of a commission against the Provider:
    1. Final and uncontradicted commission distribution to the Provider;
    2. The User is entitled to a commission only if he logs in to the platform with his User data and makes the purchase or fulfills the task via the Affiliate Link / Tracking Link provided in the GiftPanda Services. If the tracking process is interrupted by intermittent calling up other internet sites or due to settings on the User’s computer, tablet or smartphone, there is no claim for a commission;
    3. Successful conclusion of the transaction between the User and a partner company;
    4. In the case of purchases the acceptance of the goods delivered at the place of dispatch and full payment;
    5. In the case of purchases or subscriptions, the expiry of a statutory or contractually agreed period of revocation;
    6. In the case of purchases or subscriptions, no cancellation, refusal or disqualification of the order for whatever reason, by the retailer, dealer, the affiliate network or the User.
  5. The level of entitlement to commissions can be viewed by the User as follows, before clicking on the link that redirects him to partner:
    1. Depending on the partner company, different commissions apply. Each partner company has listed on the platform either a dealer page or individual offers. There, the commission amount is stated as a fixed amount and / or as a percentage. For purchases, the commission amount is stated on the basis of the net goods value (excluding tax and shipping), which the User receives for valid, complete purchases as defined in the GTC. This information is provided as a guide only and is not binding on the Provider. The partner company may exempt certain goods or services from commissions and changes the level of commissions. The information given by the Provider regarding the commission actually paid to him by the partner company is therefore decisive.
    2. The information for purchases or subscriptions always refers to a net value of goods (excluding tax and shipping).
    3. The commission is the current commission at the time of the distribution by the partner company. The commission stated is not binding and can be adjusted subsequently, if there is a change in the commission of the partner company. The same applies if the amount of the order of the User is changed. The User will also receive the adjusted commission from the Provider.
  6. In the case of offers, which are specifically marked by the Provider, the User receives a value voucher in addition to the commissions described above, provided that he complies fully with the conditions laid down in the individual case. The specific conditions can be found in the respective offer. The prerequisite for the receipt is the emergence of an effective commission claim according to section 4. paragraphs 2 – 4 of these GTC. The value voucher is provided by e-mail in the form of a voucher code.

5. Payouts

  1. An account is set up for each User registered on the platform. After the Provider has been informed about the fulfillment of a task from the area of ??App Discovery or a purchase from the area of Cashback of ??the User, a provisional credit note in the form of “GiftPanda Coins” will be displayed as “open” in the User’s account and later marked as “confirmed” or “rejected”.
  2. Ten GiftPanda Coins have an equivalent value of 0.01 US Dollar.
  3. Percentage or fixed commissions in non-US dollars are converted into US dollars at fixed exchange rates when the customer is credited. The exchange rates are always visible under section 5  paragraph 4. From US dollars, the credit will be further converted into GiftPanda Coins according to section 5 paragraph 2.
  4. The fixed exchange rates are currently:
    1. EUR / USD = 1.05
    2. GBP / USD = 1.25
    3. INR / USD = 0.015
  5. Payouts are made using the data stored by the User himself. The Provider assumes no responsibility for the correctness of this data and is not liable accordingly if these data are faulty.
  6. Users can at any time initiate a payout, but the payout can not be made until the status of the credit is marked as “confirmed”. The minimum payment amount is 2500 coins for a payout by SEPA transfer, via Paypal and Bitcoins. The Provider reserves the right to stipulate different minimum payment amounts within the scope of individual offers, which take precedence over the above regulation.
  7. At payout the credit balance will be converted from GiftPanda Coins into US dollars according to section 5 paragraph 2. The payout is for PayPal and Bitcoin in US dollars. The conversion rates from US dollars to other currencies vary according to Provider and method of payment and are not subject to the influence of GiftPanda. For disbursement by SEPA transfer, the US dollar balance shall be converted before payment in accordance with section 5 paragraph 4 and then paid out in the respective national currency.
  8. The User’s credit balance on the account is not interest-bearing.
  9. The User can also have the credit on the account paid out in the form of goods and / or value vouchers. Goods vouchers may be exchanged against the goods specifically designated in connection with the voucher; In contrast, value vouchers correspond to the monetary value specifically designated in connection with the voucher. The User selects a voucher in both variants and receives an e-mail with the selected coupon code after clicking on “Pay out”. Further conditions, under which individual vouchers can be redeemed, result from the respective coupon descriptions within the framework of the voucher selection.
  10. The fees vary depending on the payment method selected, the current fees of the respective method will be displayed on the payout page when the payout is requested. The Provider does not charge any disbursement fees, only the fees of the payment Providers are applied.
  11. Assignments of payment claims by the User from the account require the prior consent of the provider to be effective.
  12. The Provider may change the way in which he pays Users at any time under the following conditions. The Provider will advise the User of the change at least two weeks before the entry into force. This gives the User an immediate right of termination, which becomes effective at the time of the change. If the User does not terminate, the change shall be deemed approved. In this case, the User has to adhere to the then valid new conditions in order to be able to be disbursed. The Provider will inform the User in the change notification about the consequences of his behavior.
  13. A claim for disbursement of the balance credited to the account shall become void in the event of non-use of the account (inactive account: section 7 paragraph 3) in accordance with statutory provisions.

6. Error message

  1. The account information provided by the Provider is seen as correct and valid between the Provider and the User.
  2. If the User thinks that
    1. Credit from App-Discovery or Cashback is not displayed correctly in the account or is missing,
    2. His orders were wrongly rejected by the partner companies,
    3. There was an error in the tracking process,
    4. Or other inconsistencies, he or she can submit a request through the Provider’s inquiry system in his platform account.
  3. In addition, the User finds further information on the Provider’s help section, on why orders may be rejected.

7. Term / Termination

  1. The participation is unlimited.
  2. The User can terminate the participation at any time without notice of reasons by deleting his account.
  3. The Provider has the right to terminate the participation without observing a deadline and to dissolve the account. In particular, the Provider reserves the right to delete inactive accounts. An account is considered to be inactive if the User has not taken any further actions on the platform for a period of more than twelve months, especially if he / she has not logged in his /her account any more.
  4. If the account contains confirmed credit at the time of the ordinary termination, this shall lapse. The Provider is exempted from the obligation to pay out a possible credit balance.
  5. The right to extraordinary termination for important reasons remains unaffected for both parties. An important reason for an extraordinary cancellation by the Provider exists in particular when:
    1. A User may be registered several times on the platform, specifying various names and / or e-mail addresses,
    2. The User interferes with the services of the Provider or uses / manipulates them abusively,
    3. The User requires the deletion of his / her data,
    4. The User does not agree to the data protection declaration or revokes the consent to this,
    5. The User violates these GTC; or
    6. The User violates other obligations of these GTC and a continuation of the contract is therefore made unreasonable for the Provider.
  6. The Provider is entitled to deactivate the login name and the password of the User upon termination and to delete all data which the User has transmitted to the Provider or which the Provider has transmitted to the User. The Provider is obligated to do so, provided that he does not continue to use this data for billing or verification purposes.

8. Liability

  1. By registering and participating in the app discovery and cashback program of the Provider, there is no contractual relationship between the User and the partner companies.
  2. The Provider merely provides offers on the platform of the respective Partner Companies.
  3. The Provider does not act as a representative of these Partner Companies.
  4. Contracts concluded as part of the purchases made at the Partner Companies are exclusively between the User and the Partner Company. The Provider accepts no liability for breaches of obligations arising from contracts that are made by purchases and orders between the User and the Partner Company.
  5. All matters directly related to the purchase or testing and downloading of apps or the completiion of surveys, and not related to commission claims by the app discovery and cashback program, are solely the terms of the agreement between the User and the Partner Company.
  6. The Provider is therefore also not liable for the correctness and completeness of the information taken over by its Partner Companies.
  7. The respective Partner Company is solely responsible for the availability, the proper dispatch and the lack of freedomof the Partner Company’s products as well as for its settlement.
  8. The Provider accepts no responsibility or liability for the content of websites to which direct or indirect references (links) from the offer of the Provider are directed under the further prerequisites of § 10 TMG. Since the Provider has no influence on the content and design of third-party websites, he expressly dissociates himself from the content of these pages and does not adopt their content. The providers of the respective website are responsible for the content themselves.

9. Transfer of rights

  1. The User authorizes the Provider to use the contents created by the User on the platform to fulfill services provided by the Provider in connection with the operation of the platform and grants the Provider the necessary rights to the content free of charge. This right of use includes, in particular the geographical and temporal unlimited, non-exclusive right to make the contents publicly accessible, reproduce and disseminate them to third parties via the platform or, as the case may be, other media, unless otherwise specified between the Provider and the User.
  2. The user allows the Provider to edit the supplied contents technically, to adapt them in particular to the format requireed for the use on the platform or to improve the display quality.
  3. The rights transferred by the User to the Provider do not expire with the deletion of the contents on the platform and / or the deletion of the User account.

10. Privacy Policy

  1. The Provider collects data in connection with the participation of the User. In doing so, the Provider takes particular note of the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the User, the Provider will only collect, process or use the User’s data as far as is necessary for the fulfillment of the purpose of the Agreement and for the claim and settlement.
  2. For further details on the scope and use of data and further information on data collection, processing and use, please refer to the data protection statement, which can be accessed at any time via the link https://www.giftpanda.de/privacy-policy in printable form.
  3. The User has the option at any time to retrieve, modify or delete the data stored by him in his account.

11. Change of Terms

  1. The Provider is entitled to change these terms and conditions on the condition that:
    1. A change may be necessary due to a change in the legal situation, gaps in these GTC, external or technical circumstances which can not be influenced by the Provider, ensuring the safe and preventive misuse of the Provider’s services, equivalence disturbances or other necessary requirements; and
    2. He shall notify the User by e-mail at the latest two weeks before the date of entry into force of the change. This gives the User an immediate right of termination, which becomes effective at the time of the change of the GTC. If the User does not use this within two weeks after receipt of the notification, the amendment shall be deemed approved.
    3. This will be expressly indicated by the supplier in the notification.

12. Applicable law / jurisdiction

  1. Jurisdiction for all disputes arising from the use of GiftPanda is Hannover, Germany.

13. Severability clause

  1. If a provision of these GTC or other contractual agreements between the Provider and the User becomes ineffective or becomes invalid due to a subsequent development, the remaining provisions shall remain unaffected. The law shall be replaced by an ineffective provision or a possible regulatory gap.

ayeT-Studios GmbH – March 2017

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