a. The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships of Rissland Marketing UG (hereinafter referred to as "smatched") with its registered office at Kurfürsten-Anlage 52 in 69115 Heidelberg, Germany, represented by the Managing Director Alexander Rissland, via the internet presence at smatched.de (hereinafter referred to as the "Website") and the listed apps under the name Smatched in the Google Play Store and App Store (hereinafter jointly referred to as the "Apps").
b. Deviating, conflicting or supplementary GTCs shall not become part of the contract, even if they are known, unless their validity is expressly agreed. The version valid at the time of the conclusion of the contract shall be authoritative in each case.
Participation in certain Smatched promotions and the redemption of points (coins) available in some apps require registration. Registration is free of charge. Only natural persons with unlimited legal capacity are eligible to participate. Minors are excluded from participation. Upon request, the participant must send a copy of his/her identity card to the user. Participation is only permitted for private purposes. Only one user account may be opened per person. The user account is not transferable.
To register, the registration form provided in the app must be completed and submitted to Smatched by clicking on the registration button there (data connection required, see below). All data required for registration, including a valid e-mail address, must be provided completely and truthfully by the participant. Only then is the registration process completed and the participant is assigned a personal user account to which he/she can log in in the future by entering his/her personal access data. If the participant's personal details change, he/she is obliged to update them. The changes can be made via the personal user account.
There is no entitlement to registration. Smatched is entitled to refuse registration without giving reasons.
The Participant is free at any time to effect the deletion of his/her registration data and user account in writing or in text form at email@example.com and thereby terminate his/her participation.
Participation in Smatched requires the installation of a Smatched App on a suitable end device of the Participant and the installation of any available updates (see clause 5).
Clarification: Any version of the mobile app other than the most recent version offered by Rissland Marketing UG in the official Apple and Android app stores is excluded from participation. Coins collected with a non-up-to-date app version or entries in competitions are invalid and may not be taken into account (no exchange of coins for rewards possible and no chance of winning prizes in competitions).
The use of the apps in so-called emulators is explicitly excluded. Emulators are programmes that simulate the behaviour of an Android or Apple smartphone. Experience has shown that these emulators do not display the advertisements of Smatched's advertisers correctly and, in addition, modified apps are often played. The use of an emulator therefore constitutes a breach of the rules, which gives the user the right to exclude the participant and block the user account. Any coins collected will be forfeited in this case.
The installation of the Apps and the updates as well as the use of the integrated services require Internet access including regular data transmission between the Participant's terminal device and Smatched.
The provision and maintenance of Internet access including data transmission on the part of the Participant are not part of the Smatched Services. The connection costs incurred by the Participant in the course of the data transmissions shall be borne by the Participant. The amount of these costs depends on the existing contract between the Participant and his mobile phone provider. The scope and frequency of the data transmissions depend on the specific use by the subscriber.
The provision of the Smatched services by Rissland Marketing UG is free of charge to the participant.
TVSMILES offers the participant in some mobile apps the possibility to collect points (=Coins) by taking advantage of shopping offers, surveys, sweepstake promotions, etc. points (=coins) by using shopping offers, surveys, competitions, etc. The participant can view and manage these Coins in his or her personal user account and redeem them for rewards. The rewards offered in each case can only be accessed via the respective app. The dispatch of rewards can take up to 4 weeks after processing by Smatched Support in case of bottlenecks. If the use of the app is not possible, please contact firstname.lastname@example.org.
The apps as well as the website of Rissland Marketing UG offer the subscriber the opportunity to interact with all possible forms of advertisements such as: Video ads (pre-roll, mid-roll, post-roll, viral videos), ads for other apps (so-called downloads/installs), surveys, ads for other competitions, registrations for newsletters, test drives, product samples, etc. as well as the direct purchase of products of the advertisers (e.g. mobile phone contracts, lottery tickets, clothing, video on demand, etc.) to collect Coins.
The prerequisite for remuneration with coins is, for all forms of video advertising, that the clip is viewed in its entirety and is not technically suppressed or fast-forwarded. In the case of app installations, payment with coins is only made when the app is installed for the first time on the device on which the Smatched app is also operated. In the case of participation in competitions of Smatched's advertising customers as well as all forms of registration (newsletters, test drives, etc.), only the first participation / registration is remunerated with Coins, whereby a further prerequisite is that all data required by the advertising customer has been entered correctly and, if applicable, confirmed by e-mail (so-called double opt-in).
Only when the advertising customer confirms to Smatched that the participant has used the advertising measure correctly, Smatched has to pay the Coins. If it turns out in retrospect that the above-mentioned prerequisites for remuneration with Coins did not actually exist, e.g. because video advertising was suppressed or fast-forwarded or false or incomplete information was provided during registration or for other reasons remuneration with Smiles was made contrary to or without the existence of the prerequisites described above, this can lead to the exclusion of the Participant from Smatched and to the confiscation of all Coins of the Participant without compensation.
For all Coins that are remunerated on the basis of the purchase of products or the conclusion of contracts, the payment shall only be made after the confirmation of the finally effective conclusion of the contract by the advertising customer and the expiry of all revocation and objection periods. A crediting of Coins may take 12 weeks in individual cases. As a rule, the credit will be made within 30 days.
The following applies in principle: All content in the app and on the associated website is of an advertising nature or is advertising. The offers of Rissland Marketing UG (app and website) are advertising media. The responsibility for the proper implementation and verification of the advertising measures lies with the advertising customers of the user. Only if Smatched is remunerated for the use of advertising by a participant, a claim to Coins also arises. If Rissland Marketing UG is not remunerated by an advertising customer because, in the opinion of the advertising customer, there was a lack of contractual use of the advertising measure, then the participant has no claim to remuneration with Coins. Rissland Marketing UG is not obliged to examine the justification of objections raised by advertising customers against the remuneration and to legally enforce an alleged or actual remuneration claim against the advertising customer. The participant must clarify any conflicting views on the advertiser's obligation to pay remuneration with the advertiser himself/herself. Rissland Marketing UG will endeavour to support the participant in clarifying the facts.
Special provisions apply to certain advertising measures, which will be displayed to the participant in each case. In the relationship between the user and the participant, the conditions of use and participation of the user apply primarily. If the participant uses an advertising offer, the terms and conditions of use and participation of the advertiser also apply, if applicable.
Coins are not transferable to third parties. Smatched expressly reserves the right to cancel Smiles in the event of incorrect bookings and misuse.
Collected Coins expire 12 months after the end of the month in which the Coins were redeemed (for termination of participation, however, see point 7).
a) Competitions and prize draws are carried out by the user. In some cases these are offered in cooperation with advertising partners and may include advertising messages provided by advertising partners. Only Smatched and the advertising partners and sponsors explicitly named in the respective competition are involved in competitions.
b) Only natural persons over the age of 18 who have properly registered with the respective app are eligible to participate in competitions. Employees of the user and their relatives are excluded from participation. A full name and postal address must be provided in order to receive the prize. In order to be eligible to participate and win, it is imperative that all personal data provided by the participant during registration is true and correct. In the event of false information, the user is entitled to exclude the participant from the competition; exclusion may also be declared retroactively, so that any prizes already received must be returned to the user.
c) The prize draw will be carried out by a random number generator.
d) The winners will be notified by name by e-mail or in-app message after completion of the prize draw. In order to process the prize, the User is entitled to release the name and address of the winner to the advertising partner, who may in turn release these to third parties, in particular to a carrier, for the purpose of processing the prize. This applies in the event that the competition is organised in cooperation with an advertising partner. Each participant expressly agrees to this form of publication and notification.
e) If the winner does not declare acceptance of the prize within two weeks of the notification email being sent by the user to the email address provided by the winner when registering in the app, the claim to the prize shall lapse.
f) The claim to the prize is not assignable or otherwise transferable to third parties.
g) The prize will be processed by the user or the respective advertising partner who has provided the prize. Within the Federal Republic of Germany, shipping will be at the expense of the user or advertising partner; any costs beyond this are to be borne by the winner. If the first delivery attempt is unsuccessful, the winner shall bear any costs incurred for further delivery. If a prize cannot be delivered to the winner within four weeks of receipt of the declaration of acceptance of the prize by the User for reasons within the sphere of influence of the winner, the prize shall be forfeited.
If a prize is forfeited, the prize will, insofar as the nature of the prize permits, e.g. in the case of non-cash prizes, either be offered again as a prize or another winner will be determined. The decision on this lies with the user, alternatively with the advertising partner.
h) If shipping is not possible due to the nature of the prize or if the shipping costs incurred for this are disproportionate and therefore unreasonable for the user or advertising partner, the winner must collect the material prize from the registered office of the respective user or advertising partner or arrange for transport himself/herself; this applies in particular to motor vehicles.
i) If the prize is a trip or a service, the prize will be handled directly between the respective advertising partner or a service provider engaged by the latter or the user and the winner. If a specific date is not already specified when the prize is offered, the date shall be determined by the user or the advertising partner or the service provider. The winner has no right to claim redemption of the prize on a specific date; the user or advertising partner or service provider will, however, endeavour to take into account the justified interests of the winner. Upon confirmation of the date, the winner is subject to the respective terms and conditions of the operating company (e.g. travel conditions of the tour operator). The costs of travel to and from the starting point of the trip or the place of the service shall be borne by the winner, unless otherwise expressly stated or agreed below. The same applies to costs incurred privately by the winner during the trip or service (e.g. minibar, telephone, etc.), unless they are expressly borne by others.
j) The place of performance for the processing of the prize is the registered office of the respective advertising partner who has offered the prize in kind or provides the service offered.
k) The legal process is excluded.
l) The User is entitled to cancel and terminate competitions and prize draws at any time without prior notice and without justification, in particular if, due to manipulation or malfunctions in the hardware and/or software or for other technical or legal reasons, proper implementation of the competition or prize draw can no longer be guaranteed. If a termination has become necessary due to the culpable conduct of a participant, the User is entitled to demand compensation from this participant for the damage incurred as a result.
The participant is obliged to keep his password secret and to protect his personal access data from unauthorised access by third parties. In the event that the participant becomes aware of any misuse of his access data or his user account or if such a suspicion arises, the participant is obliged to inform the user immediately and to take suitable protective measures (e.g. change password).
The participant is obliged to provide his/her full address (including telephone number for queries, if applicable) each time he/she orders a reward, if requested to do so by the user. This information is obligatory and serves to check whether the gaming behaviour and redemption was in accordance with the rules. This data will not be passed on to third parties. If it turns out that the address provided is incorrect, the user reserves the right to request an ID to verify the details, to cancel the order completely without refunding any Smiles spent on it or to exclude the participant from taking part in Smatched.
The Participant will be informed about any available updates (software updates), which may be made available to the Participant free of charge, during the use of the App as soon as the Participant establishes an internet connection with Smatched. The Participant is obliged to install these updates. Updates serve to eliminate any security gaps and errors that may occur as well as to optimise and coordinate processes and functions. Failure to install these updates may impair the security of the app and its functional capability.
The Smatched Apps and the content provided therein are protected by copyright and, where applicable, trademark law and are only intended for personal non-commercial use within the framework of Smatched. Any use beyond this is not permitted without the prior consent of the user or the respective rights holder.
In the event of abuse (e.g. manipulation of scores), in the event of material misrepresentation or in the event of any other not merely insignificant breach of these Terms and Conditions or the Rules of the Game, the User expressly reserves the right to exclude the respective Participants in whole or in part from the use of Smatched and/or to block their user accounts. The right to block also exists in the case of corresponding objective suspicions, for the duration of the period of time required for the reasonable examination of the facts. Further claims and rights remain unaffected in each case.
The participant is entitled to terminate his/her participation in Smatched at any time and without giving reasons. Termination by the User is possible at any time and without giving reasons with a reasonable period of notice, which allows the Participant to redeem any remaining Coins credits. The termination can be declared in each case by written declaration or declaration in text form (e.g. by e-mail).
In the event of termination, the participant's user account will be deactivated. Any remaining credits can only be redeemed until the time of termination. The participant is advised to check his/her points balance accordingly and redeem any remaining credits before termination.
The right to extraordinary termination without notice for good cause remains unaffected on both sides.
The participant will be notified in advance of any changes to these terms and conditions of use and participation in writing or in text form (e.g. by e-mail). If the participant does not object to this amendment within four weeks of receipt of the notification, the amendments shall be deemed to have been approved by the participant. The participant's right to object and the consequences of silence shall be pointed out to him/her separately in the notification of change. In the event of an objection by the participant to the notified changes, the participant shall have the right to terminate participation in due time.
The law of the Federal Republic of Germany shall apply, insofar as this does not conflict with mandatory international consumer protection law.
The place of jurisdiction is Heidelberg.
Should any of these provisions be or become invalid, this shall not affect the validity of the remaining provisions.
Rissland Marketing UG (haftungsbeschränkt)
Kurfürsten-Anlage 52, 69115 Heidelberg