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Terms of use

qnips GmbH, Alexanderstraße 3, 30159 Hannover (hereinafter referred to as "Qnips"), operates the mobile application Qnips (hereinafter referred to as "App"). Qnips enables natural persons over the age of 18 (hereinafter referred to as "User" or "You") to participate in a cashback programme that can be used when purchasing selected goods and services from certain companies. Participation is free of charge. Please also refer to Qnips' privacy policy.

1.Scope

1.1 These Terms of Use apply exclusively to your use of the App with all content, functions and other services which Qnips makes available within the framework of the App. Your general terms and conditions of business shall only become part of the contract if we have expressly agreed this with each other in writing.

1.2 Any consumer who is at least 18 years of age can become a Qnips user. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity. Entrepreneurs, on the other hand, are natural or legal persons or a partnership with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.

2.Subject matter of the contract

2.1 The subject matter of the contract is the free use of the app, via which you can redeem coupons or collect points and have the resulting discounts paid out to you as cashback. In addition, the app offers you an interest-based information and recommendation system with a feedback system.

2.2 Qnips negotiates special discounts with providers of certain goods and services (hereinafter "partner companies"), which are granted to you as a Qnips user in the form of coupons and points when you purchase these goods and services and which correspond to a certain amount. You can collect this amount in the Qnips app and have it credited as cashback (hereinafter "credit"), have the collected credit paid out to you or donate it.

2.3 Coupons and points can be granted to you at a certain partner company both permanently and over a longer period of time or can only be offered as a temporary special promotion. Additional conditions (e.g. special conditions for certain products) may apply. You can call up the award periods and the applicable conditions at any time within the app.

3.Rights and obligations of Qnips

3.1 With the App, Qnips provides you with the technical functions for converting and receiving and redeeming coupons and collecting points from the partner companies as well as for using the feedback system as shown below.

3.2 Scope of the offer and mode of operation - receipt of coupons and points; use of the feedback system

3.2.1 At the participating points of sale of the partner companies, a QR code is automatically printed on your invoice or made available in digital form when you purchase certain goods or services. You can scan this QR code via your smartphone using the Qnipser, a function of your Qnips app. There is no entitlement to receive an invoice with a QR code.

3.2.2 After scanning the QR code, you may be asked for feedback on the products and services you have purchased ("Ratings"). Your Ratings may be transmitted by Qnips to the Partner Company in pseudonymised form. The partner company does not have access to any of your personal data. Qnips, cooperation partners contractually bound to Qnips and the respective partner company receive the non-exclusive right, unlimited in time and space, to use the ratings in pseudonymised form for internal purposes (e.g. statistical evaluations), to archive them and to include them in databases as well as to reproduce them in anonymised form, to distribute them, to make them publicly accessible - also online - and to make them available on demand.

3.2.3 Certain recommendations, offers and information from our partner companies tailored to your interests are also available to you. In addition, we will inform you about news, in particular improved service offers and other events of the partner companies.

3.2.4 The QR code contains relevant information about your purchase such as the partner company, products purchased, date, time and invoice amount. Using this information, Qnips determines the redeemable coupons and valid point systems, including the number of points you are entitled to for the purchase associated with the QR code, immediately after scanning the QR code. Valid coupons are then automatically redeemed. A coupon corresponds to a cashback amount previously agreed with the company and is converted into this amount when scanned. Points are also awarded immediately after scanning. In contrast to coupons, you have to reach a number of points agreed between Qnips and the partner company. If you reach this number of points by scanning a QR code, the points will automatically be converted into the cashback amount.

3.2.5 With the issue of the QR code on your invoice or in digital form by the partner company, Qnips makes the offer to pay you a certain discount by redeeming a coupon or a certain number of points with the corresponding cashback amount. Qnips' offer is limited to a period of three (3) months from the date of printing the invoice with the QR code. There is no legal claim to the submission of such an offer by Qnips. By scanning the QR code during the time limit, you accept this offer and have a claim to payment of the cashback amount against Qnips. This process cannot be reversed. After the expiry of the offer period, acceptance and thus redemption is no longer possible.

3.2.6 The coupons that can be redeemed and/or points that can be collected and the corresponding cashback amount depend on the goods purchased by you, a partial quantity thereof, the amount of the invoice as well as on the purchase groups into which you have been divided by the partner company or by Qnips. Whether you can redeem coupons or collect points for a particular purchase varies depending on the partner company. You can view the participating partner companies, the products for which coupons can be redeemed or points can be collected, as well as the conditions for the award and the amount of the respective cashback amounts within the app at any time in advance. The conditions agreed with the companies at the time the QR code is scanned are decisive. Qnips also reserves the right to restrict the granting of cashback in certain cases, e.g. in the event of special promotions by the partner companies.

3.3 Redeeming the Cashback Credit

3.3.1 By installing the app on your smartphone, you can collect the cashback credit you have purchased. The credit is due to Qnips, not to the respective partner company.

3.3.2 The redemption or donation of the credit is processed exclusively via the cashback system. You can view your credit balance in the Qnips app at any time.

3.3.3 Qnips can block the cashback amounts to be granted within a maximum of five (5) working days from scanning the QR code in the event of suspected misuse. If no irregularities are discovered within this period, Qnips will automatically release your Cashback amounts at the end of this period, subject to 3.3.4.

3.3.4 Qnips agrees with partner companies on limits for Cashback amounts in defined periods. If the maximum amount in a period has already been exceeded at the time the QR code is scanned, the credit will only be issued at the beginning of the following period, provided that a limit is available for this period.

3.3.5 In the event of a cancellation (annulment, rescission, exchange, etc.) of a purchase contract for which you have collected Cashback, as well as in the event of incorrect bookings and misuse, Qnips and the partner company reserve the right to cancel the Cashback amounts concerned. In this case, Qnips is entitled to offset any Cashback already paid out that has been cancelled against any remaining Cashback credit.

3.3.6 You can pay out the credit to your bank or PayPal account for a minimum amount of EUR 1,00. Alternatively, you can donate the credit to a charitable organisation. This donation will then be passed on by Qnips in full to the organisation you have selected in the Qnips app. Transfers to a German bank account and donations are free of charge for you. For withdrawals to a PayPal account, the fees charged by PayPal are deducted directly from the withdrawal amount. You can see the current PayPal fees at www.paypal.com/de/webapps/mpp/fees. Any fees charged by the receiving bank will be paid by you. Please note that it may take a few days until incoming payments are displayed on your account. This depends solely on your bank, Qnips has no influence on this.

3.3.7 No interest is paid on your collected cashback credit.

3.3.8 The credit expires on 30.09. of each calendar year, at the earliest, however, three (3) years after scanning the QR code, provided you do not use the app or have not made use of the payout option.

3.4 Please note: Qnips does not guarantee that the service will be provided in accordance with the contract or that the purchased goods will be free of defects and, in particular, does not guarantee the accuracy of the information provided by the partner company.

3.5 Contractual relations

3.5.1 With the purchase of a product or service of a partner company itself, a contract is concluded exclusively between you and the partner company. Qnips does not guarantee or warrant the proper performance by the partner company. However, contractual relations with Qnips arise with regard to the payment claim of the cashback amount. This means that you have a claim to payment of your credit against Qnips and not against the partner company.

3.5.2 By scanning the QR code, you acquire a claim against Qnips for coupon redemption and/or points issuance and a claim against Qnips for payment of the corresponding cashback amount, depending on the terms and conditions of the partner company.

3.6 Qnips reserves the right to replace or exclude its affiliates or to add new affiliates to its offer.

3.7 Qnips reserves the right to change the technical modalities of the coupon redemption and points issuance as well as the cashback function at any time, provided that this does not entail a change in the main service obligations.

3.8 Availability The user acknowledges that an uninterrupted availability of the services offered by Qnips cannot be technically realised. Qnips reserves the right to temporarily restrict the services offered by Qnips to a reasonable extent due to maintenance and security work as well as further developments.

4.Rights and obligations of the users

4.1 Registration You can use the Qnips App to a limited extent without registering and already collect cashback credit. However, functions for paying out cashback are not available to you without registration, nor is it possible to transfer the credit to other smartphones.

4.1.1 In order to make full use of the Qnips services, you must register within the app. To do so, you must provide a current e-mail address and a personal password. The e-mail address must be provided truthfully and updated immediately in the event of changes in order to ensure a smooth service. Alternatively, you can also register via your Facebook account. You also have the option of providing personal details on a voluntary basis. Following this registration, Qnips will send you a confirmation of your registration by e-mail together with these General Terms and Conditions. Only upon receipt of the confirmation e-mail is the registration process completed and the contract of use is concluded. There is no claim to the conclusion of a user contract.

4.1.2 You are responsible for maintaining the confidentiality of your password. In particular, you must ensure that you keep your password for access secret, do not pass it on to third parties, do not allow or enable third parties to gain knowledge of it and take the necessary measures to ensure confidentiality and, in the event of misuse or loss of this information or a corresponding suspicion, notify Qnips of this by e-mail at the e-mail address support@qnips.io.

4.1.3 Only one registration is permitted per person. If you allow others to use your Qnips account, it is your duty of care to make them aware of these Terms of Use and the Privacy Policy and to exercise reasonable control over their observance. Please note that all actions taken through your account will be attributed to you and you will be responsible for them.

4.2 Account details

4.2.1 In order to claim a payout of the cashback credit, you must also enter your bank details (surname, first name of the account holder, full address, account number, credit institution, sort code) correctly and completely under the heading "Set up payout". Alternatively, you can arrange a payout to your PayPal account. To do this, you must enter your PayPal e-mail address, your first and last name and your complete address.

4.2.2 A payout can only be made if Qnips has your correct bank details or PayPal details. You are responsible for ensuring that the information you provide is correct.

4.2.3 Subsequent changes to your personal data and/or bank details must be made by updating them within the app or by informing Qnips in writing (e.g. letter, fax, e-mail).

4.3 Qnips shall not be liable for incorrectly stated or non-updated account data. In particular, you shall bear the chargeback costs incurred due to incorrect account data if you are responsible for the incorrectness of the bank data. In this case, Qnips is entitled to offset any bank fees charged against the remaining cashback credit.

4.4 Right of use Qnips grants you a non-exclusive, non-sublicensable right, limited in time and space to the duration of this contract, to use the App for private purposes in accordance with these Terms of Use.

5.Rules for using Qnips

5.1 When using Qnips, in particular when submitting ratings, you must comply with all applicable laws and other legal provisions of the country in which you have your habitual residence. In particular, you may not use and/or disseminate any data or content in the rating that violates legal provisions, infringes third-party property rights or copyrights or other rights of third parties. Comments must also be kept polite and factual.

5.2 You are responsible for the data and content you provide. All content is automatically published without prior review by Qnips. Qnips does not check the content for correctness, for being free of viruses or for being processable by virus technology.

5.3 It is prohibited to carry out attacks on the functionality of the services of Qnips, such as hacking attempts, brute force attacks, the use or sending of spy software, viruses and worms.

5.4 If you violate these rules, Qnips is entitled to warn you, temporarily block you or, if necessary, even completely exclude you from using the App. Qnips is entitled to remove illegal content immediately.

5.5 If Qnips has excluded you from using the App due to a violation of these Terms of Use, a new registration is at the discretion of Qnips. In principle, a new registration is not permitted in this case.

6.Exemption from liability

6.1 You shall indemnify Qnips against all claims, including claims for damages, which other users or other third parties, including public authorities, assert against Qnips due to an infringement of their rights by the content posted by you within the App. You further indemnify Qnips against all claims, including claims for damages, made by other users or other third parties, including public authorities, against Qnips for infringement of their rights by your use of the App. You will pay all reasonable costs, including reasonable legal defence costs, incurred by Qnips as a result of any infringement of third party rights by you. All further rights and claims for damages of Qnips remain unaffected. You have the right to prove that you actually incurred lower costs.

6.2 The aforementioned obligations shall only apply if you are responsible for the infringement in question, i.e. if you knowingly or intentionally disregarded the due diligence required in the course of trade.

7.Responsibility for contents

7.1 Qnips also grants you access to information provided by third parties via the App. The third parties themselves are responsible for this information. Qnips does not assume any guarantee or liability for the content of third party providers, for the completeness of the information, in particular not for the fact that the partner companies are willing and/or able to actually grant the discounts.

7.2 Qnips accepts no responsibility whatsoever for the content entered or provided by you or for content on linked external websites. In particular, Qnips does not warrant that such content is true, has a particular purpose or can serve such a purpose.

8.Term and termination

8.1 This Agreement shall come into force upon registration by you (see clause 4.1).

8.2 This contract can be terminated at any time without notice by sending an e-mail to support@Qnips.com. If, in the event of termination, you still have cashback credit that exceeds the minimum amount for payment in accordance with 3.3.6, you can have this paid out within one month of termination. Unredeemed credit will be lost upon expiry of this period.

8.3 Qnips may terminate the contract with a notice period of two weeks by written notice (e-mail is sufficient) without giving reasons. You can redeem your cashback credit within one month after termination if it exceeds the minimum amount for payment according to 3.3.6. Unredeemed credit will be lost upon expiry of this period.

9.Liability

9.1 Claims for damages by you are excluded. Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Cardinal obligations within the meaning of these GTC are those obligations which make the proper performance of the contract and the achievement of its purpose possible in the first place and on whose compliance you may therefore regularly rely.

9.2 In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the user's claims for damages are based on injury to life, limb or health.

9.3 The restrictions of clauses 9.1 and 9.2 shall also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.

9.4 Claims under the Product Liability Act shall remain unaffected.

10.Right of revocation

Cancellation policy for consumers

Right of withdrawal

You may revoke your contractual declaration in text form (e.g. letter, fax, e-mail) within 14 days without stating reasons. The period begins after receipt of these instructions in text form, but not before the conclusion of the contract and also not before the fulfilment of our information obligations according to Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB and also not before the fulfilment of our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period.

The revocation is to be sent to:
Qnips GmbH
Alexanderstraße 3
30159 Hannover
Fax: 0511-165899-99
support@qnips.io

Consequences of revocation

In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received goods or services or benefits (e.g. benefits of use), or are only able to return or surrender them in part or in a deteriorated condition, you must compensate us for the loss of value. This may mean that you must nevertheless fulfil the contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of revocation, for us with its receipt.

Special notes

Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal. End of the cancellation policy

11.Other

11.1 Should individual provisions of these Terms of Use be or become invalid and/or contradict the statutory provisions, this shall not affect the validity of the remaining provisions of the Terms of Use. The invalid provision shall be replaced by the contracting parties by mutual agreement by a provision which comes as close as possible to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes.

11.2 The law of the Federal Republic of Germany shall apply.

11.3 If you do not have a general place of jurisdiction in Germany or in another EU member state or if you have moved your permanent place of residence abroad after these terms of use have become effective or if your place of residence or usual place of abode is not known at the time of filing an action, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Qnips.

11.4 We reserve the right to discontinue, amend or change the services offered by Qnips within a reasonable period of time, in case of an important reason also without such a period of time, while reasonably safeguarding your interests.

11.5 We reserve the right to change these Terms of Use. You can request the current version of the Terms of Use at support@Qnips.com or at www.Qnips.com. You will be notified of the changes by e-mail at least one month before the new version of the Terms of Use is scheduled to come into effect. If you do not object to the validity of the new terms of use within one month of their coming into force, the new terms of use shall be deemed to have been accepted. We will inform you separately in a suitable form about the significance of the one-month period and the right of objection as well as the legal consequences of silence. This amendment mechanism does not apply to amendments to the main contractual obligations of the parties.

11.6 In the event of a translation of these Terms of Use into other national languages and a discrepancy between the German language version and the translated version, the German language version shall prevail.

Status: March 2013