Terms of use and participation

Preamble

The following terms and conditions of use and participation govern the relationship between Kjero GmbH, Bozner Platz 1 in 6020 Innsbruck (hereinafter referred to as “Kjero”) as the operator of an online community at www.kjero.com (hereinafter referred to as “Kjero.com”) and the users of Kjero.com (hereinafter referred to as “Users”) in relation to the use of all services, promotions and offers found on Kjero.com or offered by Kjero on Kjero.com or other third party sites. In addition, these Terms of Use and Participation govern the application, registration, and participation in all promotions, product reviews, and sweepstakes offered or conducted by Kjero.

Expressions such as “we” or “us” in these Terms of Use and Participation refer to Kjero.

1. scope of the general terms and conditions of use and participation

The Terms and Conditions of Use and Participation govern the relationship between Kjero and Users with respect to:

a. registration and membership in the online community Kjero.com,

b. the use of all online services (content, product tests, sweepstakes, cashbacks and other offers and services) (hereinafter “Kjero Services”) provided by Kjero on Kjero.com, any sub-pages of Kjero.com or on third party sites that have integrated Kjero Services via iframe.

c. the application and participation in projects (product tests, discussions, surveys, cashbacks, sweepstakes, etc.) offered and/or conducted by Kjero in its own name or in the name of a third party (hereinafter “Kjero Promotions”). In some projects, users have the opportunity to test and evaluate products from other companies (hereinafter “project partners”).

Kjero provides its services exclusively on the basis of these general terms and conditions of use and participation. By registering on Kjero.com, the User acknowledges that they are valid for the entire duration of the business relationship between the parties. It is assumed that the user has carefully read and understood this document.

Kjero reserves the right to modify these conditions with effect for the future. The modified terms of use and participation will be published on kjero.com.

Oral side agreements do not exist. Any deviating, contradictory or supplementary general terms and conditions of the user shall not be valid.

2. scope of services and general rules for the use of Kjero services

2.1 Registered users on Kjero.com have the opportunity to use the various Kjero services offered by Kjero. This includes, but is not limited to, advertising, registering and/or participating in product tests, surveys, sweepstakes, discount promotions or cashbacks, as well as posting articles, product reviews, uploading content or participating in an online discussion with other users, and much more.

2.2 Users must be at least 18 years of age to register and become a Kjero.com member and to participate in kjero promotions.

2.3 Registration as a Kjero user is voluntary and free, as is basic participation in Kjero promotions. Should there be any costs for participating in Kjero promotions, users will be notified accordingly. Kjero membership can be terminated at any time and free of charge.

2.4 There is no entitlement to Kjero membership or participation in Kjero promotions.

2.5 The use of Kjero.com, all Kjero Services and Kjero Offers is permitted for private purposes only.

2.6 Every user is obliged to comply with the applicable legislation and to respect the rights of third parties when using Kjero.com and the services offered by Kjero, as well as when dealing with other users.

2.7 As a kjero member, it is important to always be open and honest in projects. Therefore, kjero members always mention their participation in a kjero project and that they can test the products for free or at a discounted price when making recommendations and evaluations. Since not everyone is familiar with the honest kjero community, it is also essential to mention that your opinion has not been influenced by the product test, that you have formed an honest opinion about the product, and that you openly share it to help other consumers.

2.7.1 It is crucial that as a participant in the kjero project, you pay attention to the disclosure obligations on social media and in reviews. You must always clarify that you received the product for free for testing purposes and that your opinion was not influenced. This ensures transparency for other consumers.

2.7.2 Kjero is not liable for allegations of unfair competition or similar violations arising from your participation in the kjero project. As a participant, you are personally responsible for complying with all legal regulations.

3. registration and membership on Kjero.com

In order to use the various Kjero services and/or participate in Kjero promotions, full registration on Kjero.com is required. To do this, a User must register as a User on Kjero.com and set up a full Kjero Account (hereinafter “Kjero Account”).

For a registration as a Kjero user the following rules apply:

3.1 The data to be provided during registration shall be complete and truthful. The information provided must always be complete, correct and up to date for the duration of the membership. The details of the collection, processing and use of the data provided by you regulate our privacy policy .

3.2 Each user may only create and use one Kjero account in his own name. Multiple registration and/or registration on behalf of third parties is not allowed.

3.3 Kjero users must keep their access data secret and must not pass it on to third parties. A user’s Kjero account may only be used by the user personally. The Kjero User shall immediately inform Kjero in writing (by e-mail) if there are any indications that third parties may be using the User’s account or have gained knowledge of the User’s access data.

3.4 In the event of a violation of the above provisions by a User, Kjero reserves the express right to delete the User’s Kjero Account(s) – in whole or in part – and to exclude the User from future registration with the Kjero Community, use of Kjero Services, and participation in Kjero Promotions.

3.5 By registering for a Kjero membership, the User agrees to receive updates and news about current promotions relating to his membership by e-mail to the registered e-mail address. This includes, for example, information on the announcement of or updates to (new) actions. This applies for the entire duration of the Kjero membership.

4. application/registration for Kjero actions

4.1 Registered Kjero users have the opportunity to apply for and register for the offered Kjero promotions and services and the opportunity to test products free of charge within the framework of the offered Kjero promotions if they have been selected as project participants (hereinafter “Participants”).

4.2 If the user registers or applies for a Kjero promotion, he or she may be asked to accept special project terms for the project in question. These Special Project Terms and Conditions are always based on these General Terms and Conditions of Use and Participation and always take precedence in the event of an objection. If the user is not asked to accept special project conditions, these Terms of Use and Participation shall always be considered as project conditions.

4.3 Registration or application for a Kjero promotion or Kjero service is always voluntary.

4.4. often only a limited number of users can participate in each Kjero action and must meet certain criteria. These criteria are usually set by the project partners. The selection of the participants therefore depends on these criteria and is at the discretion of Kjero. There is no legal entitlement to participate in any particular Kjero promotion. Legal recourse is excluded.

4.5 Kjero reserves the right to exclude certain users from participating in Kjero Promotions for an indefinite period of time if they have violated the Terms of Use and Participation or the Specific Project Terms of the respective Kjero Promotion.

4.6 The application or registration for the Kjero promotions or services is usually done via the online platform Kjero.com, unless otherwise agreed. In exceptional cases, however, the application or registration for Kjero promotions and services can also be made via third party pages or forms on third party pages. In such cases, Kjero will be mentioned as a cooperation partner.

4.7 The application survey or registration form for Kjero promotions and services must be completed truthfully and completely. Details on the collection, processing and use of the information provided in the application or registration are governed by our Privacy Policy. For a complete application or registration, the conditions of use and participation as well as the special project conditions are to be accepted in each case.

4.8 By applying for a Kjero Promotion or Kjero Service, the User agrees to receive updates and news regarding the Kjero Promotion or Kjero Service by e-mail to the registered e-mail address, by post and, if necessary, via other communication channels. This includes, for example, information on the course of the respective Kjero campaign, the project partner and the content of the campaign. This applies to the duration of the Kjero promotion / Kjero Service and beyond.

4.9. By applying for a Kjero Promotion or Kjero Service, the User agrees that Kjero may use the services of third parties (e.g. the postal service to send a test package) to carry out and implement the respective promotion or service. In addition, the User agrees that Kjero may disclose the User’s data required for this purpose (e.g. address data for the dispatch of a product package) to its third-party service providers (e.g. logistics companies and postal services). Kjero has contracts with its third party service providers for the complete protection of user data and ensures that the data is deleted by the third party service provider immediately after the task for which the third party service provider was used has been performed (e.g., sending a product package by post).

4.10 By applying for a Kjero promotion or a Kjero service, the user agrees that Kjero may use social plug-ins (currently Facebook and Twitter) and embeds (currently Instagram and Youtube) for the execution and execution of the respective promotion or service. More information on social plug-ins and embeds can be found in the privacy policy.

4.11 By applying for a Kjero promotion or a Kjero service, the user agrees that Kjero may use online advertising tools and integrate their pixels (currently Facebook and Google Adwords) for the execution and handling of the respective promotion or service. More information on advertising tools can be found in the Privacy Policy.

5. participation in Kjero actions

5.1 The selected participants are notified by e-mail and usually receive a test package with one or more test products from the project partner by post. The costs for sending and providing test products are borne by the respective project partner, unless otherwise specified in the special project conditions.

5.2 The description of the test package, the test products and the characteristics of the test products in the descriptions of a Kjero action or of other participants are without guarantee. Warranty claims with respect to test products and test packages may only be made between Kjero users and the respective project partner upon purchase of the test products. Purchase contracts are only concluded directly between the users and the project partner.

5.3 In some Kjero promotions, product codes for an online shop, vouchers or project participation coupons are provided to the selected participants in addition to or instead of a test package. Further details on this may be regulated in the special project conditions.

5.4 Some Kjero promotions are cashback promotions. In this case, the selected participants are encouraged to buy the communicated test products themselves and receive – unless otherwise agreed – a defined and communicated cashback amount after submission of a valid purchase receipt credited and transferred.

5.5. Some Kjero campaigns require a deposit of a certain amount for the test product(s) in order to participate. The user will be expressly informed of this deposit in his application for participation. Further details can be found in the additional special project conditions of the respective Kjero campaign.

5.6. For some Kjero actions, the test products must be returned. The user will be expressly informed of this obligation to return the products during the application/registration process. Test products which have only been made available to the User for a certain period of time – e.g. the duration of the Kjero promotion – for test purposes may only be used by the User for this period of time and must be returned to Kjero or the communicated address immediately after the end of this period. If no period of use is specified, the test product must be returned immediately upon Kjero’s request. The cost of returning the product will be borne by Kjero or the project partner, unless otherwise specified in the specific project terms and conditions. If a purchase option is offered as part of a Kjero promotion, the purchase option shall be deemed accepted if a participant does not return the test products to the return address specified within a certain period of time after being expressly requested to do so in text form.

5.7 The test products provided as part of Kjero promotions are unsaleable samples. The sale of these test products – in particular via platforms such as eBay – is prohibited and may be prosecuted.

5.8. Participants are usually assigned tasks to complete within the framework of Kjero actions. However, there is no obligation for the selected participants to use or evaluate the test product.

5.9. In the course of participating in Kjero activities, participants will create reports, images, comments, notes, audio and/or video files and other content. The use of the participants’ content submitted via Kjero.com is governed by point 7 of these Terms and Conditions below.

6. content and contributions from Kjero users

Within the scope of using Kjero services and especially participating in Kjero campaigns, users and participants have the opportunity to download content in various forms, such as discussion reports, reports, diaries, pictures, ratings, comments, blog posts, notes, audio and video files, and much more. (hereinafter referred to as “Content”) to Kjero and/or to publish them directly in the respective area of action. The following provisions shall apply to the provision and transmission of all content:

6.1 The content provided within the framework of Kjero promotions is publicly accessible, unless otherwise agreed. User data and information provided as part of closed surveys are for internal information purposes only and are not accessible to third parties. Any other content that is intended for internal use of Kjero or for confidential information purposes only must be sent to Kjero by the participants via e-mail. In this case, Kjero’s content will only be used for internal evaluation of Kjero’s actions and user statistics.

6.2 The User is solely responsible for the content uploaded or transmitted by a User to Kjero.com, in particular for its accuracy, completeness and legality.

6.3 By providing content, the User represents and warrants that he is the sole originator of the content and owner of all intellectual and industrial property rights in the content or otherwise entitled to provide Kjero with the content for the use set forth in these Terms of Use and Participation and to grant Kjero the corresponding rights of use. In particular, the rights of third parties may not be infringed by the content provided. Furthermore, the user affirms that the provided content complies with the terms of use and participation as well as the special project conditions.

6.4 As a kjero member, it is important to always be open and honest in projects. Therefore, kjero members always mention their participation in a kjero project and that they can test the products for free or at a discounted price when making recommendations and evaluations. Since not everyone is familiar with the honest kjero community, it is also essential to mention that your opinion has not been influenced by the product test, that you have formed an honest opinion about the product, and that you openly share it to help other consumers.

6.4.1 It is crucial that as a participant in the kjero project, you pay attention to the disclosure obligations on social media and in reviews. You must always clarify that you received the product for free for testing purposes and that your opinion was not influenced. This ensures transparency for other consumers.

6.4.2 Kjero is not liable for allegations of unfair competition or similar violations arising from your participation in the kjero project. As a participant, you are personally responsible for complying with all legal regulations.

6.5 The User shall indemnify Kjero and its officers and employees against all claims, demands and damages – including reasonable attorneys’ fees and court costs – resulting from a culpable breach of the rules and obligations set forth herein.

6.6 Kjero reserves the right to remove or permanently delete any or all of the content provided at any time and without notice from Kjero.com.

7. Use of content and contributions from Kjero users

The user grants Kjero the following rights of use to all content that a Kjero user or participant in a Kjero promotion provides on Kjero.com or otherwise transmits to Kjero:

The user grants Kjero the following rights of use to all content that a Kjero user or participant in a Kjero promotion provides on Kjero.com or otherwise transmits to Kjero

7.1 All personal information submitted to Kjero will always be treated confidentially and in accordance with our Privacy Policy.

7.2 With the public provision of content on Kjero.com, any sub-pages of Kjero.com or third party sites that have included Kjero.com via iframe, the user agrees that the following is not applicable

7.3.1 Kjero may use the relevant Content for the purposes of advertising Kjero.com and Kjero’s Kjero Services (Kjero’s promotional use). In this case, the User grants Kjero a non-exclusive, sub-licensable, worldwide, royalty-free right to reproduce, distribute, publish, make publicly available and otherwise publicly display the Content in any form, in whole or in part, on any medium, for any advertising purpose, and to edit, transform or transform the Content to the extent necessary for such purpose for technical or legal reasons.

7.3.2 Kjero may pass on the corresponding content to the respective project partner so that the latter can use the content provided to advertise the products tested or advertised as part of the Kjero campaign (promotional use by project partners). In this case the user grants Kjero the right to grant the respective project partner the simple, sub-licensable, worldwide, royalty-free right to reproduce, distribute, publish, make publicly accessible and otherwise publicly reproduce the corresponding content in whole or in part in any form and on any medium, as well as to convert or redesign the content – to the extent necessary for these purposes for technical or legal reasons -.

7.3 If the content provided has only been released for internal use, the user grants Kjero a non-exclusive, worldwide, royalty-free right to use the content provided by the user for internal purposes (e.g. to evaluate Kjero promotions or user activities). The granting of rights of use includes in particular Kjero’s right to reproduce, store, translate, distribute, make available to the public and otherwise reproduce the content in whole or in part for these purposes in any form and on any medium, and the right to edit, redesign or modify the content as required for these purposes for technical or legal reasons.

7.4 By using Kjero Services or participating in Kjero Promotions, Users agree that Kjero may publish the first name and the first letter of a User’s last name (e.g. Thomas E.) within the framework of the foregoing Content Use Policy. The copyright personal rights of the user are not affected by this provision.

7.5 The foregoing rights shall remain with Kjero even if a User unsubscribes or is excluded.

7.6 Consent to the foregoing provisions regarding the use of content provided is voluntary and may be revoked at any time with effect for the future, unless such revocation would unreasonably prejudice Kjero or the respective project partner. Content that has already been published and/or made available will remain accessible or publicly accessible even in the event of a subsequent revocation of the above rights.

8. performance of Kjero

8.1. Kjero offers registered users the opportunity to use various Kjero services and participate in various Kjero promotions. The use of all offers and services is voluntary and free of charge. You are not entitled to access Kjero.com or any of its services or functionalities at any time. Kjero reserves the right, at its sole discretion, to modify Kjero.com and the Services offered on Kjero.com at any time and/or to discontinue all or any part of them at any time.

8.2 Kjero users can apply for Kjero promotions and after successful application get the opportunity to test, get to know and recommend different products and services. In this way, participants can communicate their opinions to the project partners and thus influence product development. However, there is no right to participate in Kjero actions.

8.3 Users who participate in Kjero promotions or use Kjero services receive bonus points – so-called expert points – for the content provided by Kjero, which show how active a user is. Kjero Expert Points have no monetary value and cannot be redeemed in cash. They are not transferable to others. Kjero reserves the right to change, extend or shorten the Expert Points program for the future without prior notice.

8.4 Kjero assumes no responsibility for the completeness, accuracy and timeliness of the information, data and/or other information provided. Kjero also assumes no responsibility for the accuracy, completeness, legality or timeliness of the content provided and submitted by Kjero users, for which the respective user is solely responsible. In particular, Kjero is under no obligation to ensure that the content provided by Kjero Users complies with applicable law and is free from third party rights. Kjero expressly dissociates itself from any statements and opinions expressed in such content that do not necessarily reflect Kjero’s own views.

9. privacy

For the provision of Kjero services and the implementation of Kjero promotions, it is necessary to collect and know information about users. Kjero is aware of the need to protect personal data and it is therefore important to comply with privacy laws and to protect users’ personal information from possible misuse. Every user therefore has the possibility to delete his own information at any time upon request.

The details of the handling of personal data can be found in the Kjero Privacy Policy.

10th disclaimer

10.1 Kjero’s liability shall be limited to damages caused intentionally or through gross negligence by Kjero, its legal representatives or agents.

10.2 Under no circumstances shall Kjero be liable for any direct or indirect damages arising out of the use or inability to use any test product tested, advertised or raffled as part of a Kjero promotion.

10.3 Under no circumstances will Kjero be responsible for any damage to the test products tested, advertised or raffled as part of a Kjero Promotion.

10.4 If Kjero.com contains links to other companies, their content has been checked for legal content during linking. However, the content of these external websites is edited by external companies. Therefore, Kjero cannot guarantee that the content of these sites always complies with legal requirements. For any other content and in particular for any damages arising from the use or non-use of such information, the provider of such sites shall be solely liable, not the party who merely refers to the respective publication via links. This restriction also applies to external entries in discussion forums, mailing lists and the like set up by Kjero.

11. termination of membership on Kjero.com

11.1. users can cancel their Kjero.com membership at any time in their account settings.

11.2 Any obligations arising at the time of termination from ongoing Kjero promotions shall continue to exist despite termination.

11.3 Kjero may terminate the use of the Service, membership of Kjero.com, or participation in Kjero Promotions at any time for any User. Claims for damages cannot be made.

12. severability clause

Should the above clauses not, no longer, or not completely correspond to the current legal situation in whole or in part, or should this be the case in the future, the effectiveness of the remaining clauses shall remain unaffected. The parties shall replace the invalid or unenforceable provision with a valid provision which is similar to the economic purpose of the invalid or unenforceable provision. In the event of a loophole, the same shall apply.

13. place of jurisdiction

The terms of use and participation are subject to Austrian law.

The place of jurisdiction is Innsbruck, Austria.

State of the terms of use and participation: May 2018