GENERAL TERMS AND CONDITIONS

 

1. General information

1.1 Applicability

These General Terms and Conditions apply in the version valid at the time of conclusion of the contract to all business relations between us Kolloki App, Mr Kantheevan Thamilchelvan, Furrenstrasse 15, 8840 Einsiedeln, Switzerland, and you.

1.2 Contractual agreements

The language of the contract is English. The display in other languages is purely for support purposes. You must be at least 13 years old in order to use the app and at least 18 years old to use the app as a seller.

The term “user” refers to every person making use of the features of our app. The term “client” refers to users, who have booked and therefore payed for our services, or users, who participate in our commission model.

The term “seller” refers to clients, who publish offers through our app. The term “potential buyer” refers to users, who are interested in the offers published by our clients.

1.3. Download through the App Store or Play Store

Our app is available on the App Store as well as on the Play Store. The download will be carried out through the respective platform. The download requires a user account, which can be set up in the App Store or Play Store. When using the stores, their terms of use apply. After the download and installation of the app, you are given the choice of either registering for the first time or logging in with your existing client/user data.

1.4 Registration

In order to fully make use of all features our app offers, you are required to set up an account. When doing so, we will be retrieving all data necessary for our service provision. Confirm your data by clicking on the button “Register”. After registering, you will receive a confirmation email containing the relevant login information. Once you have logged in for the first time with this information on our app, the registration will have been completed. The password, which allows you to access your personal area, is to be stored safely and must not be passed on to third parties. You are responsible for taking the appropriate and suitable measures to avoid passing on your password to third parties. An account cannot be transferred to other third parties. By registering you agree to the terms and conditions of the user agreement.

1.5 Logging in with a Facebook account

Alternatively, you can log in with your existing Facebook account. To do so, click on the button “Log in with Facebook”. You are then redirected to www.facebook.com (operated by Facebook Inc. 1 Hacker Way, Menlo Park, CA 94304, USA). There, you will be asked to enter your account data and click on “Log in”. When using Facebook services, their privacy policy and terms of use apply. By registering you agree once again to the terms and conditions of the user agreement.

1.6 Construction of contract through commission model

Two steps are necessary to publish an advertisement. After the registration, you first have to create your advertisement via the input mask and upload the picture for sale as well as choose the appropriate payment category you wish your advertisement to appear in. In the second step, you have the possibility to review all information about your advertisement and, if necessary, correct spelling mistakes before confirming it by clicking on the button “Publish advertisement on a commission basis”. Thereby, you declare your binding contract offer for our commission model. We will confirm the receipt of your order immediately via email. This confirmation will contain our acceptance. We will deliver our service (i.e. the publication of the advertisement) immediately and (at the latest within 24h) after the conclusion of the contract, unless other agreements had been made.

After forwarding your order, the contents of the contract will be stored by us and sent to you together with the terms and conditions and customer information in text format (e.g. via email). The contents, however, cannot be viewed again on the app after forwarding your order.

By placing an advertisement, you are making an offer for sale to potential buyers at the same time. However, you can retract it anytime by deleting the advertisement. Until then, you are obliged to fulfil any closed contracts.

1.7 Closing a contract between the seller and the potential buyer (sale)

Provided that you are interested in the photos of our customers, you must carry out the order as follows: The first step is to select the desired photo. The second step requires you to state your details including the billing address and possibly a different address, if you haven’t added it to your account yet. The third step is to select your desired payment method. The fourth step is to review your details (e.g. name, address, payment method, selected photos) and, if necessary, correct spelling mistakes before confirming it by clicking on thebutton “Publish advertisement on a commission basis”. By placing your order, you agree to a binding acceptance of the contract. By accepting, the contract is created. We will immediately confirm the receipt of the order to the seller. After closing the contract, you receive the photo in digital format with the restrictions of use stated in the offer.

After forwarding your order, the contents of the contract will be stored by us and sent to you together with the terms and conditions and customer information in text format (e.g. via email). The contents, however, cannot be viewed again on the app after forwarding your order.

1.8 Upgrading to a business profile

If you wish to upgrade your account in order to unlock additional content and place advertisements on our app, follow theses steps after the registration:

The first step is to select the desired upgrade. The second step requires you to state your details including the billing address and possibly a different address. The third step is to select your desired payment method. The fourth step is to review your details (e.g. name, address, payment method, selected photos) and, if necessary, correct spelling mistakes before confirming the request by clicking on the button “Request liable to pay”. By placing the order, you declare your binding contract offer. We will immediately confirm the receipt of the request. The confirmation of receipt does not represent a binding acceptance of the request. We are entitled to bindingly accept the contract offer in the request within five calendar days after receipt of the order via email, fax, telephone or letter. By accepting, the contract is created. Following this, we will upgrade your account. You will then have access to all additional features.

After forwarding your order, the contents of the contract will be stored by us and sent to you together with the terms and conditions and customer information in text format (e.g. via email). The contents, however, cannot be viewed again on the app after forwarding your order.

1.9 Amendments to the Terms and Conditions

We are entitled to make subsequent adjustments and additions to the terms and conditions towards existing business relations, given that adjustments in legislation or judicature require or other circumstances lead to more than considerable disturbances in the contractual balance. A subsequent adjustment to business relations takes effect, if you do not object within six weeks after announcing the adjustment. At the start of the deadline, we will be informing you explicitly about the effect of your silence as accepting the adjustment to the contract as well as granting you the possibility to make a clear statement. If you object in time, we and may issue a termination of the contractual relation, provided that we do not continue to maintain the contractual relationship according to the original terms and conditions.

2. Specification of services

2.1 General information

We are offering you an app, which allows you to search for or place offers as well as sell them. Moreover, you are able to upgrade your account at your expense to unlock additional features. Contracts between sellers and potential buyers do not include us as an affiliate. We are merely providing the app for presentation and processing of contracts.

2.2 Service provision

We are entitled to have the contract or parts of the contract fulfilled by third parties.

2.3 Service delays

A delay in service due to force majeure or extraordinary and unpredictable incidents, which we cannot avoid, no matter the level of diligence we employ (particularly strikes, regulatory actions or court orders and cases of false or unlawful self-delivery despite covering transaction), is not our responsibility. You entitle us to delay the service for the duration of the hindering incident.

2.4 Withdrawal

Unavailability due to aforementioned reasons allows us to withdraw from the contract. We undertake to inform you immediately about the unavailability and to refund any services in return immediately.

2.5 Time of performance

Unless anything else has been clearly arranged, we deliver our service within 5 days (profile upgrade). The deadline for the service begins on the day after placing the payment at the transferring bank for a payment in advance. The deadline ends on the subsequent fifth day. If the last day happens to be a Saturday, Sunday or a state-approved holiday, the deadline ends on the next business day.

3. Payment

3.1. Prices

All prices include VAT (profile upgrade).

We receive the buyer’s payment on behalf of the seller and forward it to their bank account provided.

Our commission rate per photo sold accounts for 25% of the gross price and is due with a successful sale. You as seller will be invoiced our commission separately. Should the potential buyer withdraw, we will give you a refund of the commission.

3.2 Payment default

Should the payment not be received by us within two weeks after receipt of bill, you shall be in default. Interest will be charged during default. Should you be in default, we reserve the right, to charge a fine of 2.50€. The enforcement of an additional compensation for loss suffered is optional. You are given the possibility to prove that no damage or only small damage emerged.

3.3 Right of retention

You can make use of your right of retention only for counterclaims, that are due and are based on the same legal relationship as its obligations.

4. Cancellation Policy for consumers of the European Union regarding distance contracts

Cancellation Policy

Right to withdraw

You have the right to withdraw from this contract within fourteen days without having to justify the withdrawal.

The withdrawal period is fourteen days from the date of contract. To exercise your right of withdrawal, you must inform us (Kolloki App, Herr Kantheevan Thamilchelvan, Furrenstrasse 15, 8840 Einsiedeln, Schweiz, Telefon: 0041 76 3412561,
E-Mail:Info@kolloki.co ) through clear statement (e.g. a letter sent by post or an email) about your decision to withdraw from the contract. You may use the enclosed example form, which is, however, not mandatory.

The timely notice of your wish to exercise your right to withdraw is sufficient for compliance with the withdrawal period.

 

Consequences of the withdrawal

If you withdraw from the contract, we must refund any payments made by you including delivery costs (except for additional costs, which result from you choosing a delivery method different to the one offered by us, which is the cheapest standard delivery) immediately and at the latest within fourteen days beginning on the day we received your notice of withdrawal. For the refund, we will be using the same payment method you chose for the original transaction, unless anything else has been agreed on with you; in no case will you be charged a fee for the refund.

If you wished for the service to begin during the withdrawal period, you must pay us an appropriate figure, which corresponds to the amount of the service already provided compared to all services designated in the contract up to the time of educating us about exercising your right of withdrawal.

 

– End of the cancellation policy –

Special notes concerning premature expiration of the right of withdrawal

Your right of withdrawal expires prematurely, if we have fully delivered our service and have started executing the service only after you have given your clear consent and, at the same time, have confirmed your knowledge about losing your right of withdrawal in case of complete fulfilment of the terms of the contract through us.

5. Your responsibilities

5.1 General information

You are solely responsible for the content and the accuracy of the transmitted data, posts and information, which must not violate any current laws nor the present Terms and Conditions. You also undertake not to forward any data, whose contents violate the rights of third parties (e.g. personal rights, name rights, brand rights, copyright etc.). In particular, posts with illegal content must not be published and false claims must not be made.

5.2 Indemnity

You indemnify us from all claims, which third parties assert against us due to such violations. This also includes the refund of costs required for legal representation.

5.3 Data protection

You are jointly responsible for the protection of all submitted information. We cannot be held responsible for the loss of information submitted by you, since we do not provide a guarantee of data protection.

5.4 Mandatory details for advertisements

As a seller, you are responsible for giving all mandatory details (particularly the obligation to provide a legal notice) concerning your advertisement as well as provide them in an orderly manner. Contracts between sellers and potential buyers do not include us as an affiliate. We are merely providing the app for publishing and making contact.

5.5 Profile Data

You are obligated to always keep your advertisements and profile data up to date and to inform us immediately about any abuse of your profile.

5.6 Abusive Posts

We will deactivate or delete any abusive content or posts without warning. Abusive content is given in the following example cases:

  • forwarding spam
  • sending and saving harmful, obscene, threatening, insulting contents or any other contents that infringe the rights of third parties in any way,
  • false and/or incorrect information,
  • unauthorized use of advertising,
  • sending and saving viruses, worms, Trojans as well as malicious codes, files, scripts, agents or programs,
  • uploading programs, which can disturb, impair or hinder the service,
  • attempting to gain unauthorized access to our service or individual modules, systems or applications or granting it to third parties,
  • content, which promotes violence or includes pornographic or otherwise offensive or illegal content.

In the event of repeated violations, we reserve the right to ban or delete your account. In this case, payments already carried out cannot be refunded. The right to termination without notice thereof remains unaffected.

6. Termination of an account (user contract)

The usage relationship is made for an indefinite period. This relationship begins with the activation of your account and can be ended by you anytime by deleting your account via the usual procedure or by termination in text format, if your account balance does not show any open items and if you do not offer any photos at the moment. By terminating the free usage relationship, the profile and contents related to the account will be deleted.

We reserve the right to delete accounts, which have not completed the registration and have been inactive for a period of at least six months. We cancel an account, which is currently used to publish advertisements or through which fee-based services are obtained, only for important reasons. If the terminated or ban has taken place by us, you are not allowed to open another account without permission (neither with a different name).

 

7. Content usage

By publishing advertisements onto the database, you entitle us to use these contents for an indefinite period for publication and provision as well as retrieval and storage through third parties and, in particular, to store, reproduce, provide, forward, link and publish those contents. This may happen via or as means of advertising (in particular, for linking on social media, the usage for spots or the own app as well as in printed form etc.) by us or third parties. In that case, the originator explicitly denies credit. Moreover, we are entitled to adapt the contents, especially if they do not meet aforementioned requirements of the conditions.

 

8. Reviews

8.1 General information

We present you the possibility to rate and review the offer of our sellers. When doing so, you must make your statement to the best of your knowledge and belief. Submitted reviews can be reviewed by us to make sure they are valid. We are entitled, however not obliged, to publish reviews on our app and to make them visible for all users.

8.2 Abusive or illicit reviews

We will deactivate or delete any abusive or illicit reviews without warning. Abusive or illicit reviews are when false, insulting or otherwise illegal information has been stated, or the reviews have been misused as advertising.

 

9. Service usability

9.1 Service development / Availability

We strive to adapt our services to current technological developments. Therefore, we reserve the right to make adjustments to the agreed services, if such adjustments do not impair the key services and are reasonable for the affiliate considering their interests. Furthermore, we are entitled to partly or completely suspend the app services to reasonable extent for update or maintenance purposes. We cannot guarantee that offered services are available at all times and do not warrant to make services or parts of it available and usable in all places.

9.2 Technical requirements

In order to use the app, your device must meet the requirements. It is your responsibility to keep your device in a condition, which allows making use of the app services. It is also your responsibility to adjust your device if the latter does not apply.

 

10. Liability

10.1 Disclaimer

We as well as our legal representatives and agents are only liable for malicious intent or gross negligence. As long as key contractual obligations (thus obligations, which are indispensable for the attainment of the contract purpose) are affected, we are also liable for slight negligence. In this case, liability is limited to foreseeable and contractually typical damage. When it comes to corporations, we are liable for a grossly negligent violation of significant contractual obligations only to the extent of the foreseeable and contractually typical damage.

10.2 Retention of liability

The above disclaimer does not apply to liability for damage occurred through damage of life, body or health. The regulations of the product liability law also remain unaffected by this disclaimer.

10.3 Data protection

As part of our service performance, we implement efficient data backups, but we do not guarantee data protection for submitted information. You are solely responsible to conduct regular and appropriate backups of your data in order to prevent loss of data. Our service is carried out with reasonable diligence and data protection executed with the necessary expertise. We do not, however, guarantee that the stored contents or data, which are accessible to you, will not suffer accidental damage or falsification, be lost or partially removed.

10.4 Liability for contents

As operators of this app, we cannot be held responsible for incorrect information stated by users in their posts or profiles. The content on our app is not being verified (especially with respect to the violation of the rights of third parties). However, should we take note of incorrect, misleading or illicit information, we will review them immediately and, if necessary, remove them. We do not accept any liability for the accuracy, up-to-dateness, integrity, quality or legitimacy of contents, which are not our own. We merely offer you our app.

 

11. Final clauses

11.1 Court of jurisdiction

The exclusive place of jurisdiction for all disputes arising from this contract is our place of business, so long as you are a merchant, a legal entity under public law or a special fund under public law, or so long as you do not have a general place of jurisdiction in Switzerland.

11.2 Choice of law

Unless mandatory statutory provisions provide otherwise, Swiss law shall be applicable with the exclusion of UN purchasing law.

11.3 Dispute resolution for EU consumers

The EU Commission has created an online platform for online resolution of disputes regarding contractual obligations of online contracts (OS platform). You can go to the OS platform by clicking this link: http://ec.europa.eu/consumers/odr/. We are not willing nor obliged to participate in dispute resolution at a consumer arbitration board.

11.4 Severability clause

The invalidity of individual regulations does not infringe the validity of the remaining terms and conditions.