Terms of Service
Effective Sep 10, 2019
These terms are an agreement (Agreement) between Fakta Tyskland and each customer (Customer) to use the Fakta Tyskland shopping service as described at the Service homepage (Fakta Website). The Fakta Tyskland shopping service is powered by the Grosh shopping platform delivered by Compelling Software. Fakta Tyskland and Compelling Software are jointly named Provider in the following.
(A) “Account” refers to the personal user profile created during signup to the Service by the Customer.
(B) “AUP” refers to the Provider’s Acceptable Use Policy, posted on the Grosh Website, as such a policy may change from time to time.
(C) “Data Policy” refers to the Provider’s standard policy for storage and deletion of data, posted on the Grosh Website, as such a policy may change from time to time.
(D) “Effective Date” refers to the creation date of the service Account.
(E) “Materials” refers to written and graphic content provided by or through the Service, including, without limitation, text, photographs, illustrations and designs, whether provided by Provider, another customer of the Service, or any other third party.
(F) “Customer Data” refers to data in electronic form, input or collected through the Service or from the Customer.
(H) “Service” refers to the Provider’s online service to support grocery shopping. The service includes such functions as stated on the Grosh Website, which the Provider may change from time to time, at its sole discretion.
2. Conclusion, service & payment.
(A) Commencement. The Agreement is commenced by the Customer by signing up for service in the app, thereby simultaneously confirming these terms of service. The subscription shall enter into force when the Customer is established on Provider’s server and the associated app is made available. The Agreement shall be deemed approved if Customer within 30 days after the commencement has used the Service unless the Provider in writing within 30 days of the Commencement has terminated the Agreement.
(B) Service. Provider must provide the Service to the Customer under the then-current policies and procedures.
(C) Payment. The Service is free of charge. The Provider reserves the right to introduce paid features of the Service and to change pricing with a notice of at least 3 months. Price changes will be notified by email.
(D) Impact of non-payment. By default or delay of due payment, the Provider has the right to terminate the Agreement and close access to the Service.
3. Materials, Software & Intellectual Rights.
(A) Materials. Customer acknowledges and agrees that: (i) materials belong to the Provider, another customer of the Service, or any other third party, and is protected by copyright, trademark and other intellectual property rights; and (ii) the Customer does not acquire any right, title or interest in or to the materials with the exception of the limited and temporary right to use them as necessary for Customer’s use of the Service.
(B) Intellectual property rights in general. The Provider retains all rights in the Service, including without limitation any software used to deliver service and all logos and trademarks reproduced through the Service and this agreement does not grant any Customer intellectual property rights to the Service or any of its components.
4. Online Policies.
(A) AUP. Customer shall comply with the AUP. In the event of Customer’s material breach of the AUP, including without limitation, any copyright infringement, the Provider can suspend or terminate Customer’s access to the Service in addition to any other remedies available to the Provider. Neither this Agreement or the AUP requires the Provider to take measures towards the Customer or any other customer for violating the AUP, but the Provider is free to take such measures as it sees fit.
(C) Data Policy. Data policy applies only to the Service and describes only its storage and deletion of data.
5. Each party guarantees.
(A) The Customer’s identity. Customer guarantees: (i) that it accurately identified himself through his account and will maintain the given account information; and (ii) is an adult private person aged 18 or above and the Service will be used exclusively for private purposes or (iii) for distributing recipes which Customer has the rights for.
(B) Right to doing business. Each party warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.
(C) Disclaimers. Except for the express warranties specified in this section, THE SERVICE IS PROVIDED “AS IS” AND AS AVAILABLE, AND PROVIDER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Without limiting the generality of the foregoing, (i) THE PROVIDER HAS NO OBLIGATION TO INDEMNIFY OR DEFEND RECIPIENT AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; and (ii) the Provider does not warrant that the Service will perform without error or immaterial interruption.
(D) Customer has full responsibility for contents placed in the Service and is responsible for upholding applicable laws and regulations. Provider is not responsible for correctness of content placed in the Service, nor content of websites, Apps, or other external content referred to or linked to from the Service.
6. Limitation of Liability.
(A) Provider is not responsible for Customer’s misuse of collected data.
(B) Provider is not liable for damages resulting from the misuse of Customer credentials for the Service. All credentials are personal and must be kept safe.
(C) Provider is not responsible for operating loss, loss of business profits or other indirect losses. Provider is also not responsible for any loss or damage which the Customer can ensure coverage for by taking out insurance in a Danish operating insurance company.
(D) Provider is not responsible for the delivery of its services in cases of force majeure, including strikes and lockouts, etc.
(E) Provider’s liability shall be limited such that the compensation to the Customer in any event will not exceed the paid subscription during the term.
7. Data Management.
(A) Access, use & legal compulsion.
Unless it receives Customers prior written consent, Provider: (i) will not access or use Customer Data other than as necessary to facilitate the Service; and (ii) will not give any third party access to Customer Data unless in anonymised or aggregated form, except (iii) when Customer explicitly has marked Customer Data as public. Notwithstanding the foregoing, Provider may disclose Customer Data as required by applicable law or by proper legal or governmental authority. Provider will give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customers expense.
(B) Customers Rights. Customer possesses and retains all right, title, and interest in and to Customer Data, and Provider’s use and possession thereof is solely as Customers agent.
(C) Storage and deletion. Provider will store all Customer Data until deleted in accordance with the Data Policy.
8. Term, Termination and Transfer.
(A) Term. This Agreement will continue indefinitely after the Effective Date, unless either party notifies a Termination.
(B) Termination. Both parties can always terminate the Agreement.
(C) Effects of Termination. The following provisions will survive termination of this Agreement: (i) any obligation Customer has to pay for the Service provided before the cancellation; (ii) §§ 3, 4 (B), 5 (C), and 6 of this Agreement; and (iii) any other provision of this Agreement which must survive in order to fulfill its intended purpose.
(E) Transfer. The subscription is not transferable.
(A) Notices. Provider may send notifications under this Agreement to the e-mail of the Account, and such communications will be considered received after dispatch. The Customer can send notifications under this Agreement to the Provider via the Website, and such communications will be considered received after dispatch.
(C) Independent contractors. The parties are independent contractors and will represent themselves in all respects.
(D) Entire Agreement. This Agreement constitutes the entire Agreement between the parties and supersedes all prior or contemporaneous writings, talks and discussions with regard to the subject matter hereof. Neither party may rely on such earlier or contemporaneous communications.
(E) Costs. Any costs, fees or similar incurred to third parties when using the Service, including but not limited to, grocery shopping stores, delivery services or public authorities, are not covered by the Agreement and are irrelevant to the Provider.
(F) Area of Use. The Service is at this stage only allowed to be used in the countries in which it is marketed in Apple Appstore and Google Play.
(G) Add-on Services. The Provider reserves the right to offer add-on services in relation to the Service. These will be clearly marked as add-on services and may have a separate price.
(H) Choice of Law & Jurisdiction. This Agreement will be governed solely by German law and the choice of venue shall be a court in Germany.