Wallegro Terms & Conditions
 
GENERAL TERMS AND CONDITIONS for Wallegro (as of 06/30/2014)

1 PREAMBLE

NEXPERTS GmbH operates an Internet platform under www.wallegro.com and provides mobile applications (apps), which enable users to store cards, shopping lists, and payment cards in a digital way, and to receive offers.

These terms and conditions form the basis of the legal relationship between NEXPERTS and users about services that are provided through Wallegro websites or by downloading via the mobile services of Wallegro for mobile devices (smartphone, tablet, etc.) available ("Wallegro services").

Legal representative of Wallego is the NEXPERTS GmbH, Software Park 37, A-4232 Hagenberg.

2 GENERAL PROVISIONS

2.1. SCOPE OF TERMS

2.1.1. The General Terms and Conditions of Wallegro services (hereinafter the "Terms") apply to the website www.wallegro.com including all associated sub-domains and websites and mobile applications.

2.1.2. The policies apply to users who are searching for services, offers, brochures and vouchers from the local retail stores (hereinafter "User") using Wallegro and for merchants (or their agencies) who offer brochures and coupons via Wallegro (hereinafter "Merchant"). Users and merchants are collectively referred to as "customers."

2.1.3. By using the services Wallegro the policies are considered as agreed to the extent as otherwise expressly agreed in writing or otherwise differently regulated by law.

2.1.4. In each case the current version of the published terms and conditions as they are published on the website www.wallegro.com are valid.

2.2. MODIFICATION OF TERMS

2.2.1. Wallegro reserves the right to change these Terms at any time for any reason and without prior notice. By using the Wallegro services agreement to the amended Terms and Conditions shall be presumed.

2.3. CONFLICT WITH TERMS AND CONDITIONS

2.3.1. The objective Terms contradictory General Terms and Conditions of the customer only apply when Wallegro has expressly agreed in writing.

3 LEGAL FRAMEWORK FOR THE USE OF WALLEGRO SERVICES

3.1. OFFERS, BROCHURES AND COUPONS

3.1.1. The offers, brochures and coupons presented on the Wallegro services are not legal business offers, but simply information that will facilitate the user to shop directly with the respective merchants. Wallegro is not the seller of the goods and services described herein, nor deputy or assistant to the merchant. There is no contractual relationship of any kind whatsoever with respect to the goods and services represented between the User and Wallegro.

3.1.2. Wallegro accepts no responsibility for the completeness, timeliness, accuracy and quality of information about the goods and services shown on the Wallegro services site. In particular, there is no guarantee whatsoever, that any goods and services as shown on the Wallegro services site can actually be purchased for the stated conditions from the respective merchant.

3.2. FORWARDING TO MERCHANT WEBSITES

3.2.1. Partially the user has the opportunity, to be forward to the websites of the respective merchants. It is the sole responsibility of the User prior to any contract with the merchant about any relevant conditions based on the information the merchant informed. Any agreement is solely between the user and the merchant.

3.3. REGISTRATION OF USERS

3.3.1. Wallegro services can be used without registration. To use the automatic backup of the contents to the cloud, syncing multiple devices, use of content on the web, etc., the user needs to register.

3.3.2. For registration, the user selects a user name and personal password and gives an email address for verification. His personal data (first name and surname, address, telephone numbers, date of birth and gender) are optional. The user is obliged to truthfully and completely fill out the registration form fields.

3.3.3. Wallegro reserves the right, without giving any reason, to refuse or delete existing registrations from users at any time.

3.3.4. The user can delete their registration at any time by requesting the deletion by email to support@wallegro.com. With deregistration this user can no longer be offered services, which are reserved for registered users.

3.4 OBLIGATIONS AND LIABILITY OF THE USER / ASSIGNMENT

3.4.1. Users are obliged to a legitimate use of the Wallegro services. Wallegro-services must not be abused especially to spread criminally relevant content (e.g. against industrial property rights and competition law) or to infringe other third party rights. Activities of this nature could lead to civil or criminal prosecutions.

3.4.2. Users are responsible for all contents (e.g. images, text and links), that they spread, make available or accessible to others. It is therefore responsibility of the User to ensure that all content is legal and does not infringe any third party rights.

3.4.3. Before uploading image files users must ensure that they hold rights to the image or the respective file, in accordance with legal requirements, the third party rights and common decency. Users have to take reasonable precautions to secure accessible information to third parties separately from Wallegro services. Wallegro is not liable for the loss of user data.

3.4.4. Users indemnify Wallegro from any claims of third parties, which result from unlawful use of Wallegro services. Users inform Wallegro immediately of claims by third parties as a result of illegal use.

3.4.5. Wallegro offers consumers the Wallegro service in a basic version totally free. In connection with the use of cost data transfer through the network operator costs may apply. These costs must be borne by the users themselves.

3.4.6. Wallegro gives users the simple, non-transferable and non-sub licensable, limited to the duration of this user relationship right to use the Wallegro services in the current version, including updates and other components in accordance with these terms and conditions.

3.4.7. The user must not change Wallegro services, copy, disassemble, re-assemble, publish, modify, reverse ("reverse engineer"), create or reproduce derivative products thereof. The Wallegro App may be used by the users for private purposes only. Data usages with the purpose to use the content for commercial purposes, commercial or otherwise businesslike are prohibited.

3.5. REVIEWS

3.5.1. Users have the option to evaluate Wallegro offers, brochures and coupons shown. These ratings represent personal and subjective assessments of users and reflect neither the estimates of Wallegro nor the assessment of the relevant merchant. The user authorizes Wallegro their personal data and reviews to use it to deliver customized offers via e-mail or in Wallegro.

3.6. PROVISION OF CONTENT FROM MERCHANTS

3.6.1. Wallegro provides the opportunity to the merchant to present offers, brochures and coupons as well as possibly other information about Wallegro services for users on the basis of a contractual agreement. The feed of content provided by the merchants on the Wallegro services can be done either by Wallegro or by a partner (Content Partner), or by the merchant in the form of self-entry. The liability for the accuracy of the provided information content lies with the merchant.

3.6.2. Merchants warrants for the content provided by him compliance with all eligible legal, regulatory and contractual provisions. The merchant is not allowed to offer immoral, Nazi, racist, or against the reputation or the interests of Wallegro offending content.

3.6.3. Wallegro reserves the right to refuse the delivery of content to be provided by the merchant by Wallegro services without giving reasons. In addition Wallegro reserves the right to remove illegal content provided by the merchants at any time.

3.7. REGISTRATION OF MERCHANTS

3.7.1. For data entry of the content provided by the merchant, the merchant needs to register with Wallegro services. The registered merchant can verify the status of services and content provided by them and query invocation by the user.

3.7.2. For registration, the merchant selects his user name (email address) and personal password and enters his personal information (first name and surname or company name, address, etc.). The merchant is obliged to truthfully and completely fill out the registration form fields. When changes of information occur after registering, the merchant has to update the information immediately.

3.7.3. When registering, the merchant can enter their username (email address) and personal password under the assumption that the desired user name (email address) is not yet registered, select itself. Note that the username does not violate any foreign trademark rights (names, trademarks, etc.) or other rights of third parties and does not violate public decency. The merchant undertakes to indemnify Wallegro and hold Wallegro completely harmless (including attorney fees and court costs) should a third party assert claims against Wallegro arising from violations of trademarks or other intellectual property rights based on the user name selected by the merchant.

4 COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

4.1. PROTECTION OF AVAILABLE INFORMATION

4.1.1. Content made available by Wallegro services (texts, photos, logos / trademarks, designs, etc.) and the underlying software and database may be protected by copyright and / or trademark and by patent, / or be protected by other rights. Their use is therefore permitted only as part of the contractual and / or legal requirements. The further dissemination of the contents is strictly prohibited, except to the extent expressly permitted by these terms.

4.1.2. A link to the Wallegro services or individual web pages, in whatever form, is prohibited unless and insofar as the link was not expressly permitted in writing by Wallegro.

4.2. LEGAL ASSIGNMENT BY THE MERCHANT

4.2.1. With the transmission of the provided content to Wallegro or their partners or with the self-entry to the Wallegro services by the merchant, the merchant himself or on behalf of the copyright owner grants Wallegro the non-exclusive and non-transferable right of use, to these contents in time and spatially unlimited manner to spread within the Wallegro services and as part of the integrated form of a white-label solution or by linking Wallegro services in the online portals of the cooperation partners of Wallegro, modify, edit, publish, and publicly to make available. This grant of rights encompasses all the operation of the Wallegro services and in connection therewith necessary recovery actions in every possible as well as future technically possible procedures in print, online, mobile and in the form of apps. The granting of rights also includes the right of Wallegro to use the content for self-promotion purposes. The supplier guarantees Wallegro that he is entitled to grant the rights to Wallegro and he does not infringe any legitimate interests of third parties. The merchant furthermore acknowledges Wallegro the right to place his logo on the Wallegro services.

5 LIABILITY AND WARRANTY

5.1. The liability for warranty and damages shall be governed by the statutory provisions, if and insofar as these policies do not expressly provide otherwise. The liability of Wallegro is limited only for intentional and gross negligence acts. Any further liability, in particular for indirect damages, lost profits, incidental or consequential damages, delay damages, loss of data, loss of use, acts of God, moral damages, damages to third parties, etc. is - and to the extent as not stipulated as mandatory by law - is excluded.

5.2. Liability for contents provided by the merchants lies solely with the respective merchant. Neither Wallegro nor its cooperation partners assume any liability for the content provided by the merchant, especially not for the legal compliance of the same. In the event of recourse to Wallegro and / or their partners by third parties of infringement, the merchant fully indemnifies and holds Wallegro and / or their partners fully harmless; this also includes attorney fees and court costs.

5.3. Wallegro assumes no liability for the continuous availability of Wallegro services, errors, delays or interruptions, computer viruses, data loss, data deletion- or abuse.

5.4. Wallegro may contain links to other websites or apps. Wallegro does not identify himself with these contents of the websites or apps, is linked to, and assumes no liability.

6 PRIVACY

6.1. The current version is compliant with the provisions of data protection.

6.2. The customer agrees that his data can be stored and processed to provide the services offered by Wallegro, as well as for our own market research and advertising of Wallegro.

6.3. The customer may revoke his consent as stated above at any time by email to support@wallegro.com. After such a withdrawal, services that require the knowledge, storage and / or processing of customer data can no longer be offered to this customer. To cancel a registration, see above in section 3.4.

6.4. The Merchant expressly consents and agrees to waive any claims (e.g. for breach of data protection) against the fact that the data is delivered to government agencies or other institutions of law enforcement in accordance with § 14 UWG (police, courts, government agencies, protective association against unfair competition, etc.) to make investigations regarding content provided by the merchant.

6.5. The merchant also expressly agrees that his data may be transmitted for the credit check to officially authorized credit protection associations and credit institutions. This consent is revocable at any time.

6.6. WEB ANALYTICS, AND COOKIES:

6.6.1. Wallegro uses web analytics tools to analyze the use of a Wallegro services (Google Analytics).

In this context, so-called Cookies are used. Cookies are text files that are stored on your computer or handheld device of the visitor of a website. When you visit our site, one or more cookies are sent to your computer or handheld device. These cookies are used to improve the quality of service, including for storing user preferences, the recommendations of content and search results, and tracking user trends, such as content consumed by users. This allows the analysis the usage of the Wallegro services as well as the generation of valuable insights into the needs of customers. These findings contribute to the improvement of the quality of Wallegro services even further. They allow the recognition of the customer on a return visit to the website, the store user settings and the evaluation of the use to perform as described above.

6.6.2. Cookies can generally be rejected or deleted by appropriate browser settings. In this case, however, it is possible that not all functions of the Wallegro services are available in their entirety. In addition, some technical data, including the IP address of a customer will be collected and stored by the software used. In no case, however, the people behind these data are identified or collected personal data. This data should not be placed with other customers if need be announced personal identifiable information. By using the Wallegro services the customer is the procedure to analyze the use of Wallegro services described above agrees.

7 SUPPORT

7.1. Wallegro offers merchants support for the use of Wallegro services via email and by phone. Wallegro cannot take responsibility for the accessibility of support. On repeated use of these support services, Wallegro is entitled to invoice for these services.

8 FINAL PROVISIONS

8.1. SUCCESSION

8.1.1. In the case of a single or universal succession in the course of company transformation measures Wallegro is entitled to transfer all rights and obligations arising from the contractual relationship with the merchant, without the consent of the assignee.

8.1.2. The merchant is obligated to transfer all rights and obligations to the successor (single or universal succession). The transfer of rights and obligations to a third party by the merchant is not permitted without the prior express written consent of Wallegro.

8.2. WRITING

8.2.1. Any terminations, changes or additions to concluded agreements in connection with the Wallegro services with Wallegro are only valid if made in writing, and to the extent not expressly stated somewhat differently in these policies or in a written contract. This also applies to any waiver of this written form requirement.

8.3. SEVERABILITY

8.3.1. The invalidity or ineffectiveness of individual provisions of these policies does not influence the validity of the remaining provisions of these policies affected. The invalid or void provisions shall be replaced by valid and enforceable, which achieve the intended purpose as much as possible. This applies mutatis mutandis to the case of a gap in these policies.

8.4. APPLICABLE LAW, PLACE OF JURISDICTION

8.4.1. All legal relationships between Wallegro and customers from and in connection with the Wallegro services are subject to Austrian law excluding the referral rules of private international law and the UN Sales Convention application.

8.4.2. Place of performance is the principal office of Wallegro.

8.4.3. For disputes arising from or in connection with the Wallegro services the competent court in Linz, Austria is understood to be agreed unless prohibited by statutory regulations of consumer's protective law.