General terms and conditions

myTippster - 27.11.2018
 

Preamble
Welcome to myTippster, the online sales and product advice portal from and for consumers! myTippster offers a free product advice and research platform on which registered Tippsters can independently place product information online due to their connection to their favourite brands. The advertising agency "Vogelfrei" GmbH, FN 174903k, Rotholz 355, 6220 Buch in Tirol (hereinafter referred to as "myTippster"), operates an independent website (hereinafter referred to as "myTippster Platform") under the name of myTippster, which can be installed on any website via an interface, as well as mobile apps for Android and iOS (hereinafter referred to as "myTippster App"). For reasons of legibility, gender-specific formulations are not used. Insofar as personal designations are only given in male form, they refer to both men and women in the same way. These General Terms and Conditions apply to the use of the myTippster platform and app as well as to the use of the services offered there. The general terms and conditions that are available on www.mytippster.com at the time of using the services shall apply.
 

Definitionen
"Tippster" are registered users of myTippster and act as brand ambassadors to advise consumers. Tippster are characterised by a network in various social media channels, have a smartphone and a PC/laptop with webcam as well as a good general knowledge of the brand for which they want to become ambassadors.
With "Video Product Tips", the Tippster presents a product directly in front of the camera (either via PC or with a mobile phone camera).
In "Showroom Product Tips", a product is presented via showrooms / online shops of the brand. The product can be seen large on the viewer's screen and the Tippster appears in a smaller window at the bottom right. To create a Showroom ProductTip, you need to install the myTippster App and your own software.
The "profit rate" is calculated by the myTippster algorithm and depends on the performance of the Tippster. The Tippster profits from every purchase made via its video product tip at least to the extent of the percentage of the net sales price previously determined by the brand.
The "BestTipp-Link" is used to distribute the product tips of the Tippster in social networks. The BestTipp link is generated automatically each time a product tip is created. Purchases made via this link are 100% awarded to the corresponding Tippster.
The "GetConnected Link" is sent to the Tippster once when its user profile is approved by myTippster. The Tippster can set up its own Tippster network with the GetConnected link and benefits from every contact that uses the GetConnected link to use the myTippster platform. The maximum profit rate is determined individually by each brand.
 

Range of services
myTippster customers are consumers who enter, transfer, update or delete data (contact data, product descriptions, etc.) as well as photos and videos online via the Internet in an area of the myTippster platform reserved for them (hereinafter referred to as "Tippster").
Registered Tippsters can use the myTippster platform free of charge.
The myTippster App can be purchased free of charge via the Google Play Store and the Apple App Store or used as a web application.
 

User agreement
A user agreement between Tippster and myTippster is automatically concluded when the user profile is activated for an indefinite period of time.
Tippsters can have their user profiles deleted at any time and without giving reasons. Further information can be found in the privacy policy.
In the event of violations of one or more of these provisions, myTippster shall be entitled to temporarily or permanently block and/or delete the account, contributions and content of the Tippster concerned, to prevent the publication of Tippster product tips in whole or in part and/or to block access to the myTippster platform and app in whole or in part, as well as without prejudice to further legal action against the Tippster concerned. If a Tippster has been blocked, it may contact Customer Service at office@mytippster.com and request clarification regarding its blocking.
 

Eligibility
Registration is required to become a Tippster. Registration is free of charge. The use of myTippster is permitted for natural persons aged 18 and over. Commercial use is prohibited unless expressly permitted by myTippster.
Tippsters are either identified and contacted by myTippster or register themselves via the myTippster platform. In order to become a certified Tippster, a short multiple choice test on various questions of the selected brand must be answered and a video product tip created. The profile data provided must be truthful and complete. Multiple registrations are not allowed.
 

Scope of performance
Tippster advise via video product tips and showroom product tips, which are directly integrated into the brand websites. Authentic product tips make it easier to experience brands and their products and offer users the best advice.
The scope of a tipster is limited to 5 different brands.
Registered Tippsters receive the following advantages for providing their product tips on the myTippster platform:
Product discount for products of the advertised brand;
Profit rate: Tippsters benefit from every purchase made via their Video Product Tip or Showroom Product Tip. The myTippster algorithm calculates the personal profit rate daily. This lies between the percentage of the net sales price previously determined by the brand. The current status of the profit rate can be viewed on the user profile of the respective tipster (for accounting see point 6.);
GetConnected-Link: Tippsters can use this link to advertise new Tippsters.
BestTip-Link: A BestTipp link is automatically generated for each video product tip creation, which can be sent by the Tippsters to their social media friends. Purchases made by using the BestTipp link are 100% awarded to the tipster who created the BestTipp link. The Tippster will inform itself about any tax and/or fee obligations that may arise in its country. If taxes and/or fees are incurred for its use of services of the myTippster platform, these must be paid by Tippster itself.
 

Settlement
The monthly profit rate of the Tippster is credited to the bank account specified by the Tippster in its profile on the last day of the respective month (e.g. the commission statement for purchases brokered in May is issued on 31 May).
The bank details are transmitted to myTippster in encrypted form when the user profile is registered for the first time.
myTippster also sends each Tippster a monthly invoice to the e-mail address stored in the user profile.
Any subsequent changes to the bank details can be made via the Customer Service at office@mytippster.com.
For returns, a return flat rate is set by myTippster. The returns flat rate varies between 3% and 8% depending on the sector and brand. The return flat rate is shown to Tippster in the invoice and is also retained directly.
 

Posts by Tippsters
Each post must be personally written or created by the respective Tippster.
It is strictly forbidden to publish content that violates the personal rights of others. Furthermore, slander of persons and companies is not permitted. Violations lead to the deletion of the contribution or blocking of the user profile. Furthermore, myTippster reserves the right to remove, move or block user profiles.
When publishing contributions, in particular images and videos, Tippster must ensure that copyrights are observed accordingly, that it has all rights to publication and that no third party rights are infringed. myTippster reserves the right to limit the maximum size of images or videos and, if necessary, to edit or remove images or videos at a later date.
Tippster warrants that it will not copy, paste, upload or in any other form embed any copyrighted content on myTippster. Exceptions are those contents that have been released for further use by the respective author.
 

Granting of rights
The Tippster grants myTippster an unrestricted, non-exclusive, free and transferable right to use, process and exploit the contributions posted by it free of charge, without any restrictions in terms of content, time or location. These rights remain permanently with myTippster, even if the Tippster is no longer registered on myTippster.
The granting of rights expressly includes all known and (currently) unknown forms of use on the Internet.
The granting of rights also includes use of the contributions in extracts and use in connection with other works.
The Tippster grants myTippster the right to use the respective title of the contributions as well as the name, title, logo and illustrations of both the Tippster and the author of the work on myTippster and in the relevant advertising for myTippster with regard to the implementation of this contract.
myTippster shall name the Tippster as the author or holder of the exploitation rights to the contributions at the point on the myTippster platform where it integrates the contributions.
 

Liability of the contracting party
Tippster warrants that it is the owner of the transferred rights and that it is possible for it to effectively grant myTippster the rights specified in Section 8 of these GTC.
Furthermore, Tippster warrants that its contributions are free from third party rights that could conflict with the granting of rights under Section 8 of these GTC.
Furthermore, Tippster warrants that the use of its contributions does not infringe any personal rights of third parties, in particular that persons depicted agree to the use of the contributions.
Should myTippster be held liable by Tippster due to a breach of these GTC or statutory provisions, Tippster undertakes to indemnify and hold myTippster harmless against any and all legal consequences arising therefrom.
 

Data protection
The protection of the personal data provided is very important to myTippster. Data protection regulations apply, which are listed in the separate data protection regulation, which can be found at www.mytippster.com/en/privacy-policy.
 

Copyright and trademark rights
myTippster and other trademarks of myTippster may not be used without their express written consent.
It is expressly permitted to link the myTippster user profile with the respective social media channels of Tippster.
If content is used that is protected by the intellectual property rights of myTippster and is expressly made available for use by myTippster on the myTippster platform (e.g. images, designs, videos or sounds that Tippster adds to its created or shared content), myTippster retains all rights with regard to its content.
 

Liability
Liability for slight negligence is excluded - to the extent permitted by law.
myTippster is not liable for the correctness of the content of the contributions generated by Tippstern (in particular video or showroom product tips) or the absence of defects in the advertised product.
The Tippster has no right of publication. Participation in myTippster is not enforceable and cannot be enforced or enforced in any other form. myTippster reserves the right to temporarily or permanently refuse participation in myTippster. A new registration under a different name and/or e-mail address after blocking is not permitted.
myTippster shall not be liable for any damage that may occur as a result of errors, delays or interruptions in transmission, malfunctions in the technical equipment, loss and deletion of data, viruses or in any other way when using the myTippster platform, unless such damage has been caused intentionally or through gross negligence on the part of myTippster or involves injury to life, limb or health.
There shall be no liability for lost profits, savings, damages from third-party claims and for other direct or indirect consequential damages.
Furthermore, myTippster assumes no liability for the content, accuracy, legality and functionality of third-party websites.
The myTippster platform can only be used with an active Internet connection. myTippster does not guarantee that the myTippster platform can be used or accessed without interruption, nor does myTippster accept any liability for technical transmission delays or failures. myTippster excludes all liability for the functionality of the myTippster platform.
 

Place of jurisdiction
Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods and the reference standards (IPRG, EVÜ, etc.).
Exclusive place of jurisdiction is the competent court in 6020 Innsbruck, Austria.
 

Other
Deviating general terms and conditions of a contractual partner shall not be accepted unless myTippster expressly agrees to their validity.
Amendments and supplements to this contract must be made in writing. This also applies to any waiver of the written form requirement.
Should individual provisions of this contract be invalid or unenforceable, or become invalid or unenforceable after conclusion of the contract, the validity of the remainder of the contract shall remain unaffected. The ineffective or unenforceable provisions shall be replaced by the effective and enforceable provision whose effectiveness comes closest to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision.