Terms and Conditions of Use
- (1) These General Terms and Conditions of Use apply to all legal relationships between 24Insights GmbH, Sonnenallee 223, 12059 Berlin, Germany (hereinafter: ‘Contractor’) and users (hereinafter: ‘Scouts’) of the ‘ShopScout’ app. A Scout is a person who registers in the app and sets up a user account.
- (2) Any provisions by Scouts that differ from these General Terms and Conditions of Use shall not apply unless the Contractor has confirmed this expressly in writing. Individual agreements shall always have priority.
- (3) Business relations between the Contractor and Scouts shall be subject to the law of the Federal Republic of Germany. This choice of law shall only apply to consumers insofar as the protection afforded by mandatory provisions of the law in the country in which the consumer has their usual place of residence is not withdrawn. The validity of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
- (4) The place of jurisdiction is Berlin insofar as Scouts are a business person or a legal entity under public law. The same applies if a Scout has no general place of jurisdiction in Germany or the domicile or usual place of residence are not known at the time an action is brought.
2. User account
2.1 Creating a user account
- (1) ShopScout is an interactive platform used by real shoppers to generate insights and ensure transparency for customers at the point of sale. ShopScout can only be actively used by registered members. Registration is free and is only open to legally competent private individuals. Minors may not register in ShopScout. Scouts may only have one account; accounts may not be transferred.
- (2) The information requested by the Contractor for registration purposes must be given in full and must be accurate, for example, first name and surname, current address (no PO box), phone number and valid e-mail address. The e-mail address provided is used for communication between the Contractor and users. If information provided changes at a later date, Scouts undertake to amend their details immediately.
- (3) When registering, users also choose a password. This must be kept confidential by Scouts and not disclosed to a third party.
- (4) Scouts also undertake to specify a payment method (currently: individual PayPal account) no later than on payment for completed jobs.
- (5) Once the required registration details have been entered, the Contractor checks the registration and approves the respective Scout. There shall be no legal entitlement to account activation.
- (6) The Supplier reserves the right to discontinue ShopScout in full or in part. The Contractor will notify Scouts at least six weeks in advance by e-mail and if the app is discontinued completely, repay any outstanding credit to Scouts immediately.
- (7) The right to extraordinary notice of cancellation remains unaffected.
- (8) Scouts undertake to inform the Contractor immediately if there are indications that their account has been compromised. Scouts shall be generally liable for all activities undertaken using their account, and shall exempt the Contractor from any claims for compensation by a third party, unless Scouts are not responsible for the respective misuse.
- (9) Scouts may close their account at any time. The Contractor will delete the personal data of Scouts at the end of the statutory retention periods.
2.2. Blocking user accounts
- (1) The Contractor may take the following steps if there are specific indications that a Scout is in breach of legal requirements or these General Terms and Conditions, or is infringing third party rights, or if the Contractor has other justified concerns:
- a. issue a warning to users,
- b. block an account temporarily or permanently.
- (2) The Contractor may also exclude Scouts from active use of ShopScout (permanent block) if a Scout has provided false contact details on registration, in particular an incorrect or invalid e-mail address or if there are other serious grounds.
- (3) Once a Scout has been temporarily or permanently blocked, the Scout may no longer access ShopScout even using the login details of another user, or reregister.
3. Job terms and conditions
3.1 Offer and acceptance of jobs
- (1) Jobs are accepted and performed by Scouts on a voluntary basis; Scouts are not under any obligation to perform a job by installing the app or reserving/accepting a job.
- (2) The number, remuneration and regional availability of jobs fluctuates according to the job situation and the requirements of the Contractor’s customers. Consequently, the Contractor guarantees neither availability nor frequency of jobs, nor a specific remuneration. Jobs are awarded on a ‘first come, first served’ basis.
- (3) The addresses given in the app for available jobs (for example, supermarkets, chemists etc.) are provided by external service providers and the Contractor’s customers. These addresses are not checked. The Contractor therefore accepts no liability or responsibility for false or non-existent addresses.
3.2 Performance of jobs
- (1) When performing a job, Scouts undertake not to disclose the contractual relationship with the Contractor or the origin of the job. Such disclosure shall lead to the rejection of the job by the Contractor.
- (2) When completing a job, Scouts undertake to ensure the correctness and accuracy of the data collected. By submitting the data for a completed job, Scouts confirm that all the data collected is true and accurate.
- (3) A job may only be performed by one person at a time. The exchange of any kind of data that is relevant to jobs between two Scouts and thus the generation of bogus job data, shall lead to rejection of the respective job, exclusion from ShopScout and possible claims for compensation by the Contractor.
- (4) Jobs may only be performed and processed using ShopScout. Job data for a completed job may only be sent to the Contractor via ShopScout unless the job details specifically indicate otherwise.
3.3 Checking of jobs by the Contractor
- (1) At the end of the respective job period, the Contractor will check the job data submitted by all Scouts for compliance with the job criteria within 14 calendar days. If the job data submitted by Scouts meets the criteria for the job, Scouts will be paid in accordance with Section 4.
- (2) If the job data submitted are incomplete or fraudulent, there will be no entitlement to payment.
- (3) Given that job periods are fixed (‘business to be settled on a fixed date’), jobs may not be amended after they have been completed.
4. Remuneration and payment
- (1) If the job data sent by Scouts meets the criteria for the relevant job, Scouts will be paid the remuneration indicated in the job details.
- (2) This remuneration will initially be shown as credit in a Scout’s ShopScout user account. Scouts may request payment from the Contractor via the payment method indicated in their user account as soon as the amount of €10 has been reached. The Contractor will comply with the request for payment within 30 calendar days.
- (3) If an account is not used for 12 consecutive months (no login by the Scout), the Scout’s credit balance will expire. Payment may no longer be requested in such cases.
- (4) If the payment method details entered by Scouts in their user account are incorrect, the Contractor will charge €5 for any failed payments that render a new instruction necessary.
- (5) Travel expenses incurred by Scouts in carrying out a job will not be reimbursed. These are covered by the remuneration paid for the job.
- (6) Scouts shall be responsible for correct tax treatment of their remuneration.
5. Rights of use
- (1) Scouts shall be responsible for ensuring they hold all the rights relating to the job data they submit and that there is no infringement of third party rights. For example, if photos are sent to the Contractor, in which a person or persons other than the Scouts themselves are recognisable, the image file(s) may only be submitted with the consent of said persons.
- (2) By submitting job data, Scouts grant the Contractor an irrevocable, exclusive transferable right, which is unrestricted in terms of geographical location, time and content, to use and exploit the job data submitted. Scouts waive their right to be named in this connection. The Contractor is entitled to also grant such rights to its customers and associated companies in accordance with Section 15 of the German Companies Act (AktG) (‘licence chain’).
- (3) Scouts undertake not to submit job data or send content or messages to the Contractor which
- a. are indecent, pornographic, racist or offensive in any other way,
- b. are irrelevant or intentionally false,
- c. infringe third party rights, in particular copyright and personal rights,
- d. are in breach of applicable laws in any other way or constitute criminal action.
- (4) Should a third party make claims for compensation against the Contractor on account of a contravention of paragraphs 2 and 3, the responsible Scout shall exempt the Contractor from such claims.
- (1) With the exception of liability for material defects and defects in title, the Parties shall assume unlimited liability insofar as the cause of damage is due to deliberate intent or gross negligence. The Parties shall also be liable for minor negligent breaches of essential obligations (obligations, the breach of which jeopardises fulfilment of the contractual purpose) and for breaches of cardinal obligations (obligations, the fulfilment of which enables proper performance of the contract in the first place and upon compliance with which the other Party regularly relies), however only for foreseeable damage that is typical for the type of contract. The Parties shall not be liable for minor negligent breaches of any obligations other than those indicated above.
- (2) The limitations of liability in the above paragraph shall not apply in the event of injury to life, limb or health, to a defect following the acceptance of a guarantee and in the event of fraudulent concealment of defects.
- (3) If liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
- (4) In the event of deliberately harmful conduct on the part of a Scout towards the Contractor, the Scout shall pay the Contractor a contractual penalty of €50. Claims for compensation beyond this pursuant to paragraph 1 are not excluded, however the contractual penalty to be paid will be offset against such claims.
7. Final provisions
7.1 Changes to these General Terms and Conditions
- The Contractor shall be entitled to change job details or general terms and conditions of business and other terms and conditions. The Contractor will only make such changes with good cause, in particular due to new technical developments, changes in the legal situation or jurisdiction, change to the business model or other equivalent reasons, provided this does not place Scouts at a disadvantage contrary to good faith. Amended terms and conditions will be sent to Scouts by e-mail no later than two weeks prior to their taking effect. If Scouts do not dispute the validity of new General Terms and Conditions within six weeks of receiving an e-mail, the amended General Terms and Conditions shall be deemed accepted. The Contractor shall draw Scouts’ specific attention to the significance of this period in the e-mail containing details of the amended terms and conditions.
7.2 Severability clause
- (1) If a provision herein, for reasons other than the provisions mentioning the law in the General Terms and Conditions (Articles 305–310 of the German Commercial Code), shall be or shall become partially invalid/null and void or unworkable, the other provisions shall remain unaffected unless the performance of the contract – even taking the following provisions into account – would constitute unreasonable hardship for one of the Parties. The same applies if a gap arises after concluding the contract and an addition is required.
- (2) The Parties shall replace the invalid/null and void/unworkable provisions or gaps that need to be filled for reasons other than the provisions mentioning the law in the General Terms and Conditions with a valid provision that corresponds to the invalid/null and void/unworkable provision in terms of its legal and financial content and the overall purpose of the contract.