Gratisprobe – Terms of Service
Gratisprobe Terms of Service, April 2019
Scope of Application. These terms and conditions of use (“Terms”) regulate the contractual relationship between Send me a Sample Limited (T/A Gratisprobe in Germany), 36 Golden Square, London, W1F 9EE, (“Gratisprobe”) and you (“Customer”) with regards to the use of the ‘Gratisprobe’ platform (“Gratisprobe Service”).
Amendment of the Terms. Gratisprobe reserves the right to amend the Terms at any time. The amended terms and conditions will be sent to Customer by e-mail two weeks before they become effective at the latest. If Customer does not object to the application of the new terms and conditions within two weeks of receipt, the amended conditions shall be deemed to be agreed. Gratisprobe will inform Customer of the significance of this two-week deadline separately in the e-mail containing the amended terms and conditions.
SCOPE OF THE SERVICES
Platform for Sample ordering. Gratisprobe operates the Gratisprobe Service, which enables the Customer to order samples via one account only across multiple web and voice plafforms as set forth herein. The scope of possibilities of use shall depend on the respective range of functions available on The Gratisprobe Service.
Eligibility. You must be at least 18 years old to use the Gratisprobe Service, or, if you are not at least 18, you must be at least 16 years old and may use the Gratisprobe Service only in conjunction with, and under the supervision of, your parent or guardian.
Changes to the Gratisprobe Service. It can be technically required to partly or also completely restrict the services and content of the Gratisprobe Service. Such restriction could be due to capacity limits, network security, operability of the server, or the implementation of technical measures in the interests of the proper operation of The Gratisprobe Service. In terms of operations, Gratisprobe reserves the right to change, supplement and discontinue The Gratisprobe Service. Gratisprobe will take the legitimate interests of the users into consideration in each case.
RIGHTS AND OBLIGATIONS OF THE CUSTOMER
Right to Use. Customer shall use the Gratisprobe Service fairly and not use the Gratisprobe Service for excessive Sample requests beyond reasonable personal usage. A right to use The Gratisprobe Service only exists within the scope of the technical and operational possibilities and upon successful registration and confirmation of a Gratisprobe account and in a manner that complies with all applicable laws in the jurisdiction in which you use the Gratisprobe Service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights. Gratisprobe grants to you a limited, personal, non-exclusive, non-transferable and non-sublicensable licence to use the Gratisprobe Service via one account only across multiple web and voice platforms as set forth herein.
Treat access data confidential. The access data that Customer is using for the log in to the Gratisprobe Service must be treated as confidential and must not be made available to unauthorized third parties. Customer will immediately inform Gratisprobe if access data has been misused or any misuse is suspected. Gratisprobe is authorized to block the access data of Customer for the Gratisprobe Service if there is concrete evidence that Customer is violating, or has violated, these Terms and/or regulations that are binding for Customer, or reasonable suspicion exists in this respect, or any other justified interests in blocking such data exists, e.g. in the case of suspicion of misuse by unauthorized third parties.
Use of platform content. The content, personal data and any other information (hereinafter jointly referred to as “Content”) available on The Gratisprobe Service can be protected by personal rights, data protection law, copyrights, or other provisions, such as business and trade secrets. Such contents may only be used for the purposes intended by the operation of the Gratisprobe Service within the scope of the Terms.
Restrictions. Customer is not permitted to
a) make available the Gratisprobe Service to third parties for a fee or free of charge, nor publish, license, sell or otherwise commercially exploit it; the Gratisprobe Service may not be rented, leased or otherwise transferred; it is not allowed to modify, adapt, translate, create derived work from the Gratisprobe Service, decompile, reverse engineer, disassemble or otherwise try to derive the source code of the Gratisprobe Service, except as permitted by applicable law;
b) upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the Gratisprobe Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the Gratisprobe Service;
c) use search engine intruders, robots, data mining technology, or other automated equipment or programs in order to catalog, download, reproduce, save, or otherwise transmit the contents contained on The Gratisprobe Service illegally or in a way that violates these Terms;
d) misuse the product evaluation system by evaluating a product through false facts statements or in a defamatory way, or misuse the blog, forum or commentary functionalities by entering, submitting or otherwise spreading content that is defamatory, libelous, vulgar, obscene, threatening, abusive or harassing; Gratisprobe reserves the right not to publish reviews and comments.
Fees. In case products or services offered through the Gratisprobe Service are subject to fees, information on such fees will be provided at the corresponding place on the Gratisprobe Service before such fees are incurred.
Warranty for products that Customer receives through the Gratisprobe Service is excluded, unless Gratisprobe has fraudulently concealed a defect, or was not aware of such defect due to gross negligence. In the latter case, Customer may request delivery of a defect-free product. If the product is not available, Gratisprobe will notify the Customer accordingly and is exempted from the obligation to perform.
LIABILITY AND INDEMNIFICATION AGAINST CLAIMS
Liability. (a) Unlimited Liability. Gratisprobe, its legal representatives or vicarious agents shall have unlimited liability according to the statutory provisions of the Federal Republic of Germany (i) for damages resulting from injury to life, body or health, (ii) in the case of intent or gross negligence, (iii) according to the Product Liability Act (Produkthaftungsgesetz) as well as (iv) in the case of an assumption of guarantees. (b) Limited Liability. In the case of slight negligence, Gratisprobe, its legal representatives or vicarious agents shall only be liable in the case of a breach of “essential” duties resulting from this contract. “Essential” duties are such duties, which are necessary for the fulfillment of the contract and if breached, would question the attainment of the contractual purpose so that Customer may regularly rely on the fulfillment of such duties. In these cases, the liability is limited to typical and foreseeable damages.
Indemnification against Claims. Customer shall indemnify Gratisprobe against claims of third parties, who assert claims against Gratisprobe on the basis of a violation or endangerment of their rights through the use of the Gratisprobe Service by Customer unless Customer is not responsible for the reason supporting the claim. In the case of any claims asserted by third parties, Customer is obligated to immediately, truthfully and completely provide Gratisprobe with all information, which it has and is required for assessing the claims and the defense against such claims. Any further claims for damages of Gratisprobe shall remain unaffected.
Term. This agreement may be terminated by either party without notice at any time by email or deletion of the Customer account. In case of termination, you must cease all use of the Gratisprobe Service and Gratisprobe may immediately restrict your access to the Gratisprobe Service.
Applicable Law. This agreement shall be subject to the laws of the Federal Republic of Germany.
Transfer of Rights to Third Parties. Gratisprobe is entitled to transfer the legal positions resulting from the contractual relations with the Customer to third parties.
Invalidity. If a provision of these Terms is or becomes invalid, or the contract contains an omission, the remaining provisions shall remain unaffected. This shall not apply if the contractual purpose cannot be achieved with the remaining provisions; in this case, either party can terminate the contract without notice.
Gratisprobe Terms of Service, April 2019