General terms and conditions (GTC) for users
§1 Description of Services, Acceptance
5. When using the Aklamio Service, Users act independently and are not subject to any directions from Aklamio. Users are solely responsible for complying with any laws, regulations, statutory provisions, including relevant tax laws and trade law regulations that apply to them.
6. The use of the Aklamio Service is free for all Users.
2.The purchase of goods, services or other transactions on the webpage of a Partner by Users or Customers is a separate legal transaction between such User or Customer and the Partner; Aklamio is not a party to this legal transaction. Claims arising under this legal relationship can only be brought against the Partner.
§3 Registration and Entering into Agreement
2. Each User may only register once. The User is obliged to provide truthful information in the fields of the registration form.
3. Registration can be done via the Website, as well as in connection with making a recommendation for the first time using the Aklamio widget, which is integrated into the webpage of the Partners.
6. This agreement is entered into for an unlimited period of time.
1. You may revoke Your offer to enter into this agreement within 14 days without having to give any reasons. The revocation period starts on the date of this agreement and ends 14 days thereafter. To exercise Your revocation right, You must inform Aklamio (aklamio GmbH, Hauptstraße 27-29, Haus 9 (Neubau) Aufgang N, 10827 Berlin, email: kündigung@aklamio.com ) unequivocally of Your intention to revoke this agreement (e.g. by mail, fax or email).
§5 Rewards Conditions
1. A reward will be paid (subject to § 6) only for a successful recommendation that meets the following conditions and was made using a media channel supported by Aklamio and the applicable rewards offer.
- the Customer follows such a Referral Link during the validity of the rewards offer (§ 5 No. 4),
- directly (i.e. without delay and without visiting other website(s) in between) upon the clicking of the Referral Link by the Customer, such Customer and the recommended Partner enter into an agreement for the purchase of the recommended product or service specified in the rewards offer,
- the transaction between the Customer and Partner fulfills the additional conditions referred to in the respective rewards offer,
- the causation of the transaction between Customer and Partner by such recommendation is traceable by the cookie stored at the Customer’s browser (to this end, the Customer’s browser must permit cookies), and
- the Customer is not identical to the recommending User.
(2) Certain reward offers provide that the rewarded transaction between Partner and Customer may alternatively take place via telephone order or in an authorized retail store. In such cases, a recommendation shall be deemed successful only if:
- the Customer follows such a Referral Link during the validity of the rewards offer (§ 5 No. 4) and takes notice of the displayed recommendation code,
- the Customer and the Partner enter into an agreement for the purchase of the recommended product or service, with the Customer stating the recommendation code and the Partner registering such code,
- the transaction between Customer and Partner fulfills the additional conditions referred to in the rewards offer, and
- the Customer is not identical with the recommending User.
If provided for in the rewards conditions, instead of using the Referral Link, the User may provide the Customer with her email address used for registering with Aklamio and consent to its disclosure to the Partner for matching purposes.
2. In addition to rewards for recommendations, certain Partners may offer rewards (subject to § 6) if You purchase something for Yourself in the Partner’s online shop via the link provided for this purpose on the Website (“cashback”). For a purchase to be rewarded, the following conditions must be met:
- The transaction between the You and the Partner is made using the cashback button on the Website, the Aklamio Cashbar, or other services provided by Aklamio during the validity of the rewards offer (§ 5 No. 4),
- directly (i.e. without delay and without visiting other website(s) in between) upon Your clicking on the cashback button on the Website and the subsequent routing to the Partner’s online shop, You and such Partner enter into an agreement about the product or service specified in the awards offer,
- the transaction between You and Partner fulfills the additional conditions referred to in the respective rewards offer, and
- the transaction between You and the Partner is being tracked and transmitted by the Partner and recorded by Aklamio.
(2) A person who earns a reward based on Your Partner or product recommendation and, in connection therewith, registers with Aklamio for the first time as new User, shall also be deemed a newly referred User for purposes of the Tell-a-Friend Offer.
(3) In all cases, the referral must meet the following additional conditions:
- Aklamio confirms the registration of the new User,
- the referred person is not identical with You and has not previously registered with Aklamio,
- the referred person earns a reward pursuant to above § 5 No. 1, 2, and
- the referral meets any other condition stated in the Tell-a-Friend offer.
(4) The participation in a reward of a referred User under the Tell-a-Friend Offer is only available if the applicable rewards offer, on which the reward is based, provides for the option of the referring User to receive the reward in full (and not for a mandatory sharing or payout of the reward with/to the referred User).
(5) Your amount of participation in rewards of a User You referred is stated in the applicable Tell-a-Friend Offer on the Website. The participation is for a limited time only: eligible are only such rewards, which the referred User has earned during the time period specified in the Tell-a-Friend Offer, but in any event no later than within the first year following the registration as new User with Aklamio. You will not be eligible for any rewards after that period.
4. The User acknowledges that reward offers are subject to change at any time and are only valid for a limited time. Reward offers may also be limited with respect to the number of eligible recommendations. A reward can only be earned if and to the extent that, at the time of the transaction between Partner and Customer (or User, as the case may be) taking effect, (i) the reward offer is still valid and (ii) the applicable reward conditions that are in effect at the time the agreement is taking effect are met. Applicable are exclusively the reward conditions as they are stated on the website of the relevant rewards offer at the time of the transaction between Partner and Customer (or User, as the case may be) taking effect.
§5a Content of the Reward; Expiration
1. Rewards (Recommendation Rewards as well as Purchase Rewards) may entitle the User either to the payment of a monetary amount (hereinafter „Cash Rewards”) or to any other kind of specific performance (hereinafter „Non-Cash Rewards”). The monetary amount of the Cash Rewards to be paid to the User or the details of any other specific performance of the Non-Cash Rewards are specified in the respective reward offer.
2. Unless agreed otherwise in the respective reward offer, the promise to pay the reward amount or to fulfill any other specific performance promised according to the reward offer expires one year after the Reward has been marked as „confirmed” according to § 6.
§6 Payment Conditions
1. Aklamio creates a rewards account for each User after successful registration, to which earned rewards will be credited. Aklamio regularly informs You about the current status of Your rewards account by email and You can see this information at any time in Your account information.
2. For each successful referral in accordance with § 5 No. 1 and each successful purchase in accordance with § 5 No. 2, as the case may be, the reward specified in the rewards offer will be temporarily credited to the User’s account and marked as “pending”.
3. A pending reward becomes payable only if the following conditions are met with respect to the corresponding transaction between Partner and Customer (in the case of recommendations) or Partner and User (in the case of cashback):
- The transaction is not rejected, revoked, cancelled or rescinded by the Partner, User or Customer or otherwise terminated (whether unilaterally or by mutual agreement),
- full and timely payment of the purchase price invoiced by the Partner by the Customer (in the case of recommendations) or by the User (in the case of cashback) to the Partner,
- acceptance of the ordered goods or services by the Customer or User, as the case may be,
- any statutory or contractual cancellation or revocation period having elapsed,
- the transaction meets any additional conditions specified in the rewards offer, and
- confirmation of the effectiveness of the transaction by the Partner to Aklamio.
4. After the conditions specified in § 6 No. 3 have been met, the reward will be credited to the rewards account and marked as “confirmed”. If one or more of the requirements referred to in § 6 No. 3 are permanently missed, the corresponding “pending” reward will be canceled and marked as “rejected”.
5. As soon as the amount of confirmed rewards has reached the minimum amount of 1 Euro (or 1 GBP, 1 CHF, 1 USD, as the case may be), You can demand payment of Your rewards in Your account. Payments are exclusively made by wire transfer to accounts at banks within the SEPA-region (“single euro payments area”) , United States of America or via the payment service PayPal. You may incur fees charged by PayPal or Your bank, in particular if You wish payment in a currency other than Euro, USD or the local currency of the SEPA member country where Your bank is located. Aklamio is not responsible and will not reimburse You for such fees.
6. Upon the payout of a reward by Aklamio to the bank account (or PayPal account, respectively) specified by You, You release and discharge Aklamio of and from all claims for payment with respect to the respective rewards, even if the account does not belong to You.
9.The User acknowledges that a small number of recommendations and purchases may not be properly recorded by Aklamio or a Partner for technical reasons, including but not limited to (i) errors during the loading of websites, (ii) the disabling of cookies in the User’s browser, (iii) the use of Adblockers, (iv) the cookie stored by Aklamio being overwritten due to the visit of other websites or (v) other technical disruptions of the Aklamio Service or the Partner’s websites. In these cases, the User has no payment claim against Aklamio, but may request an adjustment via his account. For the avoidance of doubt, Aklamio may correct errors contained in a rewards account at any time.
10. You may submit reward adjustment requests through the applicable option in Your reward account. The request must be made within the time period specified in the respective rewards offer, but in any event no later than within three (3) months following (i) the date of the transaction between the Partner and Customer (or User, respectively) or (ii) the rejection of the reward by Aklamio, as the case may be.
11. The User may not assign or transfer individual or all rights and obligations, including any rewards, under this agreement without Aklamio’s prior written consent.
12. No interest is payable on credited rewards.
§7 User Content
1. Aklamio may, at its sole discretion, permit You to post, upload, publish, enter or transmit data or content, like text or photos, for public view on the Website (hereinafter referred to as “User Content”). By providing User Content on the Website, You grant Aklamio a worldwide, non-exclusive, transferable, sub-licensable and royalty-free license to use such User Content in connection with the Aklamio Service and to edit, distribute, reproduce, transmit or make publicly available such User Content. This license ends when You delete the respective User Content or Your Aklamio account.
2. You are solely responsible for User Content You provide. By providing User Content You confirm that (i) You either have the exclusive rights pertaining to the relevant User Content or that You have all rights, licenses, permits and approvals necessary to grant Aklamio the rights to use the respective User Content pursuant to § 7 para. 1; and (ii) the provision of the respective User Content on the Website is lawful, and in particular does not violate any laws or any rights of any third party. Aklamio has a policy to terminate the accounts of repeat infringers of intellectual property rights.
3. You agree not to provide any User Content that violates public morals. In particular, Your User Content must not contain pornographic, violent, discriminatory, abusive, racist or defamatory representations.
4. Aklamio has the right, but not the obligation, to remove Your User Content without prior notice, if there is sufficient indication that the public disclosure of the relevant User Content violates any laws, regulations, moral standards and/or infringe any third party rights.
§8 Obligations of the User
2. You may send recommendations via email, Facebook messages etc. using the Aklamio Service only to those persons and/or companies, which have expressly consented to receiving such recommendations from You. You must comply with all commercial email (“spam”) laws that are applicable to you.
3. You may not make changes to any content of the Website or other websites of Aklamio or its Partners or connect the Aklamio Service with third party services, websites, or content. You may not make any changes to the referral e-mails sent through the Aklamio Service; You may add additional information, but only in the context of Your personal message to the recipient of the recommendation, insofar as this added information is true, appropriate and not misleading.
4. You agree not to use any illegal or unethical means in connection with Your use of the Aklamio Service, in particular not to use means in the form of misdirection, deception, threat or coercion towards the recipients of Your recommendations. Also, You may not mislead about or conceal the fact that You receive a reward for a successful referral. In some countries, including the United States, You may be legally required to disclose that You may receive a reward if the recipient of your recommendation makes a purchase by using the Referral Link.
5. You are prohibited to use any trademarks or other rights (see section 11) of Aklamio or Partners of Aklamio, unless You received the permission to do so from Aklamio or the Partner, respectively.
6. You may not use links generated by Aklamio in an indecent or inappropriate manner. In particular, You may not (i) copy or post or advertise such links on racist, pornographic, violent or discriminatory websites or websites harmful to minors, or (ii) make use of LayerAd, ForcedClick or similar methods.
7. You may not use links generated by Aklamio on websites of Partners of Aklamio or on websites that are connected to the websites of Partners.
8. You may not use the Aklamio Service in any way harmful to Aklamio or its Partners. In particular, You may not use the Aklamio Service to send recommendations to Yourself or to fake successful recommendations. Any type of fraudulent behavior is expressly prohibited and Aklamio reserves all rights to protect the Aklamio Service, Website, Users, and Partners.
9. You agree to provide only accurate and up-to-date data in connection with Your registration with Aklamio (§ 3) and/or the entering of Your payment details (§ 6). Any changes to this data must be communicated to Aklamio immediately. This particularly applies to data that You provide for the purpose of receiving rewards payments (like name and surname of the account holder, account number, bank code, etc.).
10. You are obliged to maintain Your Aklamio account login data secure and to protect Your personal password from being accessed by unauthorized third parties. All actions performed while logged on under Your password are considered to be actions made by You.
11. You may only register and maintain a single Aklamio account. If You register for multiple accounts, Aklamio reserves the right to terminate all such excess accounts without notice and to cancel any credit which may have accrued on such accounts.
12. You are solely responsible for the declaration, withholding, reporting and payment of any applicable taxes that incur in connection with the use of the Aklamio Service. Aklamio has the right to provide Your account information and transaction history to authorities, if and to the extent Aklamio has a legal obligation to do so.
1. Aklamio uses great efforts to ensure the continuous availability of the Aklamio Service and the Website. Server availability has a monthly average of 98%. However, Aklamio cannot guarantee unlimited availability.
2. Aklamio reserves the right to carry out maintenance work between 10:00pm and 6:00am (central European time). As a result, the availability of the Aklamio Service and the Website may be restricted or limited during that time.
2. Aklamio can be held liable for damages due to intentional and grossly negligent conduct. For negligent conduct Aklamio can only be held liable for:
- (i) the compensation of damages resulting from the injury of life, bodily injury or health, or
- (ii) the compensation of damages resulting from the breach of a material contractual obligation (i.e. an obligation, the fulfillment of which is essential for the proper performance of the agreement and on the compliance of which the other party regularly relies); in this case, however, the liability of Aklamio is limited to the compensation of the foreseeable, typically occurring damage.
3. The limitations on liability pursuant to § 10 para. 2 do not apply to the extent Aklamio has assumed a guarantee or is otherwise liable according to mandatory law, e.g. the German Product Liability Act (Produkthaftungsgesetz).
4. Aklamio is not liable for any damages caused by its Partners. Warranty claims with respect to defects of products or services purchased from a Partner may only be asserted against such Partner.
6. Aklamio assumes no liability for the correctness and completeness of the content provided on the Website. In particular, Aklamio is not liable for the descriptions and representations of products, services, Partners, and rewards. § 254 BGB remains unaffected.
7. Aklamio assumes no liability for the availability of products and/or services offered by the Partners.
8. Aklamio assumes no liability for the reliability and performance of its Partners, or for the quality of the products and services offered by its Partners.
9. Aklamio assumes no liability for the deliverability and/or the physical or electronic receipt of a recommendation by the recipient.
10. The Partner is solely responsible for the confirmation of a reward offered for a transaction on his website; Aklamio does not assume any liability with respect to the confirmation of a reward by the Partner or the timeliness of such confirmation.
§11 Data protection, Property Rights
1. This Agreement may be terminated without cause by either party with three (3) days notice. The right to terminate with cause without notice remains unaffected.
2. Aklamio has the right to terminate this Agreement without notice if You breach any of Your obligations referred to in § 1, § 7 and § 8, and to block Your Aklamio account with immediate effect.
3. The termination must be made in writing or by email. You must send Your termination notice to the address or email address stated in § 4. Aklamio will send any termination notice to the email address specified by You during registration.
4. Upon effectiveness of the termination, Aklamio disables and deletes the User’s Aklamio account and blocks the access of the User to the Aklamio Service.
1. Aklamio has the right to enter into new agreements with Partners or to terminate existing agreements with Partners at any time.
2. Aklamio reserves the right to change the Aklamio Service at any time, provided such change does not affect material performance obligations.
3. The place of the fulfillment of all contractual obligations is Berlin.
4. With respect to Users in the United States and only in the event §14 No. 1 is deemed unenforceable by a court of competent jurisdiction, the following terms shall apply to supplement and supersede — in the event and to the extent of any conflict — the provisions in §10:
- (i) Liability Disclaimer.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AKLAMIO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
- (ii) Liability Cap.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF AKLAMIO AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO YOU (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE TOTAL AMOUNT OF $100, OR THE TOTAL REWARDS YOU EARNED DURING ANY PREVIOUS SIX MONTHS PERIOD, WHICHEVER IS GREATER. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WHICH MAY INCLUDE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
- (iii) Class Action Waiver.
YOU AND AKLAMIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Aklamio agree, no judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
- (iv) Disclaimer of Warranties
YOUR USE OF THE AKLAMIO SERVICE, WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE AKLAMIO SERVICE OR WEBSITE IS AT YOUR OWN RISK. THE AKLAMIO SERVICE, WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AKLAMIO NOR ANY PERSON ASSOCIATED WITH AKLAMIO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE AKLAMIO SERVICES OR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AKLAMIO NOR ANYONE ASSOCIATED WITH AKLAMIO REPRESENTS OR WARRANTS THAT THE AKLAMIO SERVICE, WEBSITE, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE AKLAMIO SERVICES, WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, AKLAMIO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.