AGB

General Terms and Conditions for the Use of the Internet Offer under the Domain www.mycashbacks.com

(hereinafter also referred to as mycashbacks or mycashbacks portal)

Preamble

advanced audience GmbH, a subsidiary of advanced store GmbH, offers a free service under the domain www.mycashbacks.com, which enables private individuals as registered users to participate in the cashback system described below. For this purpose, advanced audience provides a service platform that gives the user access to a large number of partner companies. Upon conclusion of a legally binding purchase contract between the user and the advanced audience partner company, advanced audience receives a commission. This is paid out in full or in part to the user of the portal in the form of a cashback.

The following agreement applies to this:

§ 1 Scope of application

  1. the following general terms and conditions shall apply exclusively to the business relationship between advanced audience and the user.

  2. deviating conditions of the user or third parties are not recognised unless advanced audience expressly agrees to their validity in writing.

For the purposes of these Terms and Conditions, a User is any natural person.

§ 2 Definitions

Operator - The operator is the owner of the site, the legal entity that manages the technical side of the site. The operator may also appoint external partners for technical support, but advanced audience remains the operator of the platform.

  1. mycashbacks - mycashbacks is the cashback system offered to members on the mycashbacks portal.

  2. member - a member is a user registered on the mycashbacks portal.

  3. affiliate - affiliate is the company that provides the special offers for members on mycashbacks.

  4. cashback programme - are the goods and services offered by the affiliate that can be used by a member.

  5. cashback - cashback is the purchase benefit that the member receives via mycashbacks.

  6. affiliate agreement - is the legal relationship between the operator of mycashbacks and the partner companies.

§ 3 Conditions of participation and registration of the user account

  1. the operator offers every natural person who has reached the age of 18 the opportunity to register on the mycashbacks portal by providing his or her e-mail address and a password to be specified, and thus to participate in the cashback programme.

  2. a German current account or a PayPal account is required for the payment of the cashback.

  3. in order to create a user account, the member must register and agree to these terms and conditions.

The member is responsible for the completeness and correctness of all information provided during registration. The member must immediately inform the operator of any changes via his/her user account. For the correct payment of the cashback, the current bank details or a PayPal account are mandatory as well as the indication of the personal address.

By registering, a user account is created for the member. The member has the possibility to view their previous shopping activities and their current cashback status at any time.

Each member may only create one user account.

The operator is entitled to exclude the member from participation in the cashback system without giving reasons.

  1. e-mails from the operator may contain advertising. The member may object to the placement of advertising in e-mails - as well as the regular newsletters - at any time.

The operator may collect user data via the advanced store technology in order to build profiles and thus display relevant offers. This relationship is described in the privacy policy and requires the consent of the data subject according to Art. 6 I lit. a DSGVO.

§ 4 The legal relationship

1 No employment, service or corporate relationship of any kind (in particular no membership of an association) is established between the operator and the member. Participation in mycashbacks takes place exclusively within the framework of a self-responsible, independent activity that is legally independent of the operator.

The member shall only be entitled to the purchasing benefits. The member shall not be entitled to any further remuneration for its activities. The member is not entitled to reimbursement of expenses. This also applies in particular in the event that the member recommends mycashbacks to others.

  1. mycashbacks is a free service. Legal transactions that occur between the member and the operator's partner companies can of course lead to payment obligations on the part of the member.

  2. the member is not entitled to represent the operator, in particular not to make or receive declarations to other members within the framework of the mycashbacks programme. The member is not authorised to accept cash or to carry out debt collection for the operator. A culpable breach of this clause entitles the operator to terminate the contractual relationship for good cause.

§ 5 Calculation of the cashback amount

  1. the partner company may exclude certain goods or services from the cashback. Therefore, the information provided by the operator about the actual cashback granted is decisive.

The information always refers to the cashback based on the net purchase value without VAT and without possible additional expenses such as shipping costs or other surcharges.

  1. the current cashback at the time of payment of the commission to the operator applies. The cashback stated is not binding and can be adjusted subsequently if there is a change in the commission of the partner company.

§ 6 Requirements for the payment of the cashback

In most cases, the operator uses the affiliate programmes of the partner companies with an affiliate link to receive commissions for the mediated sales. A unique link is generated which proves to the partner company that the member has visited the partner company via mycashbacks and/or has made a purchase there.

  1. for this purpose, it is imperative that the member is logged in to mycashbacks before visiting the partner company and also only uses the link provided for the partner company on mycashbacks to visit the partner company's website and then makes a purchase there directly. No other pages may be called up that could interfere with the tracking process.

  2. as an alternative, the member can use the prepared browser extension, thanks to which, after successful login, the available cashback programme will be automatically recognised and then assigned to the corresponding member. If the extension is not supported by the affiliate's website, the member is obliged to use the affiliate link.

The claim to payment of this commission is always and exclusively due to the operator on the basis of the affiliate agreement with the partner company. Several weeks or months may pass before the commission is paid out. The payment of the cashback to the member is subject to the following conditions:

a. Final and uncontested commission distribution to the operator;

b. The member is only entitled to a cashback if he/she registers with his/her user data on the mycashbacks website and carries out the legal transaction with the partner company via the link provided.

c. Expiry of any statutory or contractually agreed revocation period;

d. The operator presents the expected cashback on the mycashbacks platform as an absolute amount or in the form of a percentage. This information is not binding, but merely represents the expected cashback based on the expected commission.

§ 7 Payment of the confirmed cashbacks

  1. an account is set up for each member registered with mycashbacks. After the operator has been notified of a purchase made by the member, a provisional amount will be displayed in the member's account as "open" and later marked as "paid out". Up to 14 days may pass before the provisional amount is displayed under "open".

  2. payouts are made using the data deposited by the member himself/herself. The operator assumes no responsibility for the accuracy of this data and is accordingly not liable if this data is incorrect.

  3. the final cashback amounts are paid out monthly.

  4. payment will only be made when a minimum payout amount of 1 EURO has been reached.

  5. no interest will be paid on the member's cashback booked to the account.

  6. the cashback amounts will be paid to the German current account or PayPal account specified by the member.

The operator can change the way in which payments are made to members at any time. The operator will inform the members of the change at least 4 weeks before it comes into effect. The member is hereby entitled to an immediate right of termination, which shall take effect at the time of the change. If the member does not give notice, the change shall be deemed to have been approved.

  1. a claim for payment of the cashback credited to the account shall lapse if the account is not used in accordance with the statutory limitation provisions.

§ 8 Term / Termination

  1. participation in the operator's cashback programme is unlimited.

The member can terminate the participation at any time without giving reasons by deleting his account.

The operator has the right to terminate the participation with a notice period of 1 month without giving reasons and to cancel the account.

If there is cashback to be paid out on the account at the time of termination, it will be transferred to the member's German current account or PayPal account.

The operator reserves the right to delete inactive accounts. An account is considered inactive if the member has not carried out any actions on mycashbacks for a period of more than 6 months. Prior to this deletion, the operator will inform the member of the impending deletion via the email address provided. If the member does not object to the deletion within 14 days, the account will be deleted and any cashback amount on it will be withdrawn. In this case, any purchase activity by the member shall be deemed to be an objection to the deletion.

The right to extraordinary termination for good cause remains unaffected for both parties. Good cause for extraordinary termination by the operator exists in particular, but not exclusively, if:

a. The member requests the deletion of his/her data;

b. The member creates more than 1 user account under different names and/or e-mail addresses;

c. The member misuses / manipulates the service of the operator;

d. Revokes consent to the privacy policy;

e. The member violates these GTC.

In the event of termination, the operator deactivates the user name and the user password as well as all data that the member has transmitted to the operator or that the operator has transmitted to the member. The operator is obliged to delete the data, unless the operator still needs this data for billing or verification purposes or for other legal purposes.

§ 9 Liability of the operator

  1. registration and participation in mycashbacks does not create a contractual relationship between the member and the partner companies.

The operator does not act as a representative of these partner companies and is therefore not liable for the correctness and completeness of the information taken over from its partner companies.

Legally binding transactions with the partner companies are concluded exclusively between the member and the partner company. The operator assumes no liability due to breaches of duty arising from contracts that exist between the member and partner companies in the context of purchases and orders.

  1. all matters directly related to the orders and not related to Cashback are part of the business relationship between the Member and the Affiliate.

  2. the respective partner company is solely responsible for the availability, proper dispatch and freedom from defects of the products of the partner company as well as for its invoicing.

  3. the operator assumes no responsibility or liability for the content of websites to which direct or indirect references (links) from the mycashbacks offer are directed. As the operator has no influence on the content and design of external websites, the operator expressly distances itself from the content of these sites and does not adopt their content as its own. The providers of the respective websites are responsible for the content themselves.

§ 10 Data security

For details of the scope and use of data, please refer to the data protection declaration, which can be accessed at any time on the mycashbacks website via the "Data protection declaration" link.

§ 11 Severability clause

Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall endeavour to replace the invalid provision with a valid provision that comes as close as possible to the economic meaning of the invalid provision.

§ 12 Other provisions

(1) The contract between the member and the operator, including these GTC, is subject exclusively to the substantive law of the Federal Republic of Germany, with the exception of the UN Convention on the International Sale of Goods and German private international law.

If the member is a consumer within the meaning of § 13 of the German Civil Code (BGB), mandatory consumer protection provisions of the country in which the consumer has his or her habitual residence shall remain unaffected.

We would like to point out that we are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

  1. under applicable law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without having to go to court. The European Commission is responsible for setting up the platform. You can find the European Online Dispute Resolution Platform here: ec.europa.eu/odr.

The place of performance of all contractual obligations shall be Berlin.

§ 13 Amendments

The operator reserves the right to enter into new cooperations with partners or to terminate existing cooperations with partners at any time.

The operator reserves the right to change the cashback system and the website at any time, provided that this does not entail a change in the main service obligations.

The operator can change these GTC at any time with effect for the future. Amendments to these GTC shall be notified to the members by e-mail at least four (4) weeks before they come into force and shall be made available on the website. The changes are deemed to be accepted unless an express written objection is made by the member within two (2) weeks of receipt of the e-mail. The operator shall expressly point this out in the e-mail.

§ 14 Governing law and place of jurisdiction

(1) This Agreement shall be governed by German law.

(2) Unless otherwise stipulated by mandatory law, the place of jurisdiction for all disputes arising from this contract shall be Berlin.