GENERAL TERMS AND CONDITIONS General Terms and Conditions for the use of the Internet offer under the domain www.mycashbacks.com (in the following also called 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 enables the user to access 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 shall apply in this regard:
§ 1 Scope of application
the following general terms and conditions apply exclusively to the business relationship between advanced audience and the user.
any deviating terms and conditions of the user or third parties shall not be recognized unless advanced audience expressly agrees to their validity in writing.
for the purposes of these general terms and conditions, a user is any natural person.
§ 2 Definitions
operator - operator is the owner of the site the legal entity that manages the site from the technical side. The operator can also appoint external partners for technical support, but advanced audience remains the operator of the platform.
mycashbacks - mycashbacks is the cashback system offered to members on the mycashbacks portal.
member - member is the user registered on the mycashbacks portal
affiliate - affiliate is the company that provides the special offers for members on mycashbacks.
cashback program - are the goods and services offered by the partner company and can be used by a member.
cashback - cashback is the purchase benefit that the member receives through mycashbacks.
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
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 user account. For the correct payment of the cashback, the current bank details or a PayPal account is 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 his previous shopping activities and his current cashback status at any time.
each member may create only one user account.
the operator is entitled to exclude the member from participation in the cashback system without giving reasons.
e-mails of the operator may contain advertising. The member may object to the placement of advertising in e-mails - as well as regular newsletters - at any time.
§ 4 The legal relationship 1 No employment, service or corporate relationship of any kind whatsoever (in particular no club membership) 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 is only entitled to the purchasing benefits. The member is not entitled to any further remuneration for his or her 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.
mycashbacks is a free service. Legal transactions that occur between the member and the partner companies of the operator can of course lead to payment obligations of the member.
the member is not authorized to represent the operator, in particular not to make or receive declarations to other members within the framework of the mycashbacks program. The member is not authorized to accept cash or to carry out debt collection for the operator. A culpable violation of this clause entitles the Operator to terminate the contractual relationship for good cause.
§ 5 Calculation of the cashback amount
the partner company can exclude certain goods or services from the cashback. Therefore, the information provided by the Operator on the actual cashback granted shall be decisive. 2.
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.
the current cashback at the time of payment of the commission to the operator is valid. The specified cashback is not binding and can be adjusted subsequently if there is a change in the commission of the partner company.
Please note that the exact amount cashback may be subject to slight currency differences because we may receive the amounts in different currencies from the partners.
§ 6 Conditions for the payment of the cashback
in most cases the operator uses the affiliate programs of the partner companies with an affiliate link to receive commissions for the mediated sales. In this case, a one-to-one 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.
it is absolutely necessary that the member is logged in on mycashbacks before visiting the partner company and only uses the link provided for the partner company on mycashbacks to visit the partner company's website and then makes a direct purchase there. No other pages may be called up that could interfere with the tracking process.
as an alternative, the member can use the prepared browser extension, thanks to which after successful login, the available cashback program will be automatically detected 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 for payment of this commission is due to the affiliate agreement with the partner company always and exclusively to the operator. Until it comes to a payout of the affiliate commission, several weeks - months can pass. The payment of the cashback to the member is subject to the following conditions:
a. Final and uncontested payment of the commission to the operator;
b. The Member is entitled to the cashback only if he/she logs on to the mycashbacks website with his/her user data and makes the legal transaction with the partner company via the provided link.
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 only represents the expected cashback based on the expected commission.
§ 7 Payment of confirmed cashbacks
an account is created 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".
payouts are made using the data deposited by the member himself. The operator assumes no responsibility for the accuracy of this data and is accordingly not liable if this data is incorrect.
the payment of the final cashback amounts takes place monthly.
the payout will be made only after a minimum payout amount of 1 US Dollar has been reached.
no interest will be paid on the member's cashback booked on the account.
the cashback amounts will be paid to the US checking account or PayPal account specified by the member.
the operator can change the way of paying out to members at any time. The operator will notify the members of the change at least 4 weeks before it takes effect. The member is hereby entitled to an immediate right of termination, which becomes effective at the time of the change. If the member does not give notice, the change shall be deemed to have been approved.
a claim for payment of the cashback credited to the account expires if the account is not used in accordance with the statutory limitation provisions.
§ 8 Term / Termination
the participation in the cashback program of the operator is unlimited.
the member can terminate the participation at any time without giving reasons by deleting his account properly.
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 German checking account or PayPal account of the member.
the operator reserves the right to delete inactive accounts. An account is considered inactive if the member has not made any actions on mycashbacks for a period of more than 6 months. Before this deletion the operator will inform the member about the upcoming deletion via the given email address. 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 collected. In this case, any purchase activity of the member will be considered as an objection to the deletion.
the right to extraordinary termination for cause remains unaffected for both parties. An important reason for an extraordinary termination by the operator exists in particular but not exclusively, if:
a. The member requests the deletion of his 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;
e. The member violates these terms and conditions.
§ 9 Liability of the operator
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 accuracy and completeness of the information provided by its partner companies.
legally binding transactions with the partner companies are concluded exclusively between the member and the partner company. The operator does not assume any liability due to breaches of duty arising from contracts that exist between the member and partner companies in the context of purchases and orders.
All matters directly related to the orders and not related to Cashback are part of the business relationship between the Member and the Partner Company.
the respective partner company is solely responsible for the availability, proper shipment and freedom from defects of the products of the partner company and for its billing.
the operator assumes no responsibility or liability for the content of websites to which direct or indirect references (links) from the offer of mycashbacks are directed. Since 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.
§ 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 endeavor 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
If the member is a consumer in the sense of § 13 BGB, mandatory consumer protection regulations of the state in which the consumer has his habitual residence 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.
according to applicable law, we are obliged to inform consumers about 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.
place of performance of all contractual obligations is Berlin.
§ 13 Changes
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, as long as this does not involve a change of main service obligations.
the operator can change these terms and conditions at any time with effect for the future. Changes to these GTC will be communicated to the members by e-mail and made available on the website at least four (4) weeks before they come into effect. The changes are considered accepted unless an explicit written objection is made by the member within two (2) weeks after receipt of the e-mail. The operator will explicitly point this out in the e-mail.
§ 14 Applicable law and place of jurisdiction (1) This agreement is subject to German law.
For all disputes arising from this contract, unless otherwise stipulated by law, the place of jurisdiction is Berlin.