Terms of Service (“Terms”)
Last updated: December 08, 2016
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the linkr-network.com website the linkr-shop.com website and mobile application (the “Service”) operated by linkr GmbH (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, product information or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
- Influencer: an influencer (blogger, content creator, vlogger) is a user on the service that wishes to promote products on behalf of merchants on the service.
- Merchant: a merchant user which lists products or campaigns on the linkr platform.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of email@example.com and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of linkr GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of both the Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of linkr GmbH.
- Multiple seller accounts: Operating and maintaining multiple Seller Central accounts is prohibited. If you have a legitimate business need for a second account, you can apply for an exception to this policy.
- Inappropriate email and phone communications: Unsolicited email and phone communications with the Service users, email and phone communications other than as necessary for order fulfilment and related customer service, and emails and phone calls related to marketing communications of any kind (including within otherwise permitted communications) are prohibited.
- Unauthorised and improper business names: The Business Name (identifying a seller’s business entity on the Service) must be a name that: accurately identifies the seller; is not misleading; and the seller has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person).
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by linkr GmbH.
linkr GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that linkr GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Attempts to divert transactions or buyers:
Any attempt to circumvent the established Service sales process or to divert Service users to another website or sales process is prohibited. Specifically, any advertisements, marketing messages (special offers) or “calls to action” that lead, prompt, or encourage Service users to leave the Service website are prohibited. This may include the use of email or the inclusion of hyperlinks, URLs or web addresses within any seller-generated confirmation email messages or any product/listing description fields.
Misuse of the Service:
If you upload excessive amounts of data repeatedly, or otherwise use the service in an excessive or unreasonable way, the Service may in its sole discretion restrict or block your access to product feeds or any other functions that are being misused until you stop its misuse.
Merchants Listing Fees and Payment Terms
Please review the Fee Schedule and Payment Terms contained in the pricing section for the Service (www.linkr-network.com). All listing fees are in Euro unless stated otherwise and are incorporated herein by reference. The Fee Schedule and Payment Terms may vary in the future. The Fee Schedule and Payment Terms in effect on the date of sale of the item shall govern the transaction. You should check the fees and terms each time you participate. All fees, including but not limited to subscription plan fees, are payable upon demand.
The service charges a commission upon each transaction, the merchant can decide to set a commission for each transaction generated to the respective user on the service that sold the respective product.
- If the merchant address is in Germany the commission % is taken from the Gross sales price.
- If the merchant address is outside of Germany but inside the European Union the commission % is taken from the nett sales price.
- For any country outside the EU the respective tax regulations apply.
Without limitation, you may not list any item or link or post any related material that:
- infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy)
- constitutes libel or slander or is otherwise defamatory; or
- is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services at your own risk.
- Contains pornographic, medical, abusive substances, explosive or other criminal items.
Transactions and processing services
By registering for or using the Service, you authorise Stripe and Paypal to act as your agent for purposes of processing payments (for an updated view of their Terms and Conditions refer to https://stripe.com/legal and https://www.paypal.com/webapps/mpp/ua/useragreement-full), refunds and adjustments for Your Transactions, receiving and holding Sales Proceeds on your behalf, remitting Sales Proceeds to your bank account, charging your credit card, and paying the Service and its affiliates amounts you owe in accordance with this Agreement or other agreements you may have with the Service or its affiliates (collectively, the “Transaction Processing Service”). “Sales Proceeds” means the gross proceeds from any of Your Transactions, including all shipping and handling, gift wrap and other charges, but excluding any taxes separately stated and charged. “Your Transaction” means any sale of your items through the Site.
The Transaction Processing Service facilitates the purchase of Seller items listed on the Service. Sales Proceeds are credited to a registered Seller’s Payment Account, and funds are periodically transferred to the Seller’s designated bank account (“Seller’s Account”).
When a Buyer instructs us to pay you, you agree that the Buyer authorises and orders us to commit the Buyer’s payment to you (less any applicable fees or other amounts we may collect under this Agreement).
You agree that Buyers satisfy their obligations to you for Your Transactions when we receive the Sales Proceeds. Our obligation to remit funds received by us on your behalf is limited to funds that we have actually received less amounts owed to the Service, subject to chargeback or reversal or withheld for anticipated claims in accordance with this Agreement.
The Transaction Processing Service helps facilitate Your Transactions and neither we nor our affiliates are the purchaser of the Seller’s goods. Seller will resolve any dispute directly with Buyer and not through the Service or the Transaction Processing Service. You must provide us true and accurate information when registering and must maintain and update that information as applicable. We may at any time require you to provide any financial, business or personal information we request to verify your identity. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us to verify his or her information (including any updated information), to obtain credit reports about Seller in order to approve Seller for use of the Transaction Processing Service and also from time to time while Seller is registered with the Transaction Processing Service, and to obtain an initial credit authorization from Seller’s credit card issuer at time of registration.
We will inform you of each completed transaction using our standard procedures. In addition, you can access your Transaction Processing Service transaction information online in your Account.
You may provide refunds or adjustments to Buyers for Your Transactions through the Transaction Processing Service using functionality enabled for your account. This functionality may be modified or discontinued by us at any time without notice and is subject to the limitations in the Help section and the terms of this Agreement. You may not create invoices for Your Transactions.
If we or our affiliates reasonably conclude based on information available to us or our affiliates that Seller’s actions and/or performance in connection with the Services may result in Buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with the Services or this Agreement until the completion of any investigation(s) regarding any Seller actions and/or performance in connection with this Agreement. We will not be liable to Seller if we act in accordance with the provisions of this Section.
All notices will be sent by e-mail or will be posted on the Site or by any other means then specified by the Service. We will send notices to Seller at the e-mail address maintained in the Service’s records for Seller. Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by the Service.
The site and Service
The Service retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all products in our sole discretion.
Stopping or cancelling Your Transactions
We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of your products if we ask you to do so (provided that if you have transferred your products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any customer (in accordance with this Agreement) that has been charged for an order that we stop or cancel.
You agree that it is the Seller’s responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that the Service is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction, except to the extent the Service expressly agrees to receive taxes or other transaction-based charges in connection with tax calculation services made available by the Service and used by Seller.
“Seller Taxes” means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Service, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
Returns and Refunds
You will accept and process returns, refunds and adjustments in accordance with this Agreement and the Service return policies published on the Site at the time of the applicable order (return policy link) , and we may inform customers that these policies apply to your products. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to Buyers in connection with Your Transactions, using functionality we enable for your account, and will route all such payments through the Transaction Processing Services provided. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Service return policies and as required by law, and in no case later than thirty (30) days after the obligation arises.
Because the service and transaction processing service are not involved in transactions between buyers and sellers or other participant dealings, if a dispute arises between one or more participants, each of you release the service and transaction processing service (and their respective agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall linkr GmbH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
linkr GmbH its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Bavaria, Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.