GENERAL TERMS AND CONDITIONS APPLIED BY SPLINQ.COM
Definitions
The capitalized terms have the following definitions in these General Terms and Conditions:
Visitor: the natural person who visits the Web-site;
Button: the virtual Button or other means with a similar function on the Web-site;
Cash Back fee: a monetary fee expressed as a percentage of the Price or an amount of money as referred to for each Product on the Web-site;
Consumer: a natural person who does not trade as his or her profession or in running his or her business;
Price: the price referred to for each Product on the Web-site;
Products: all services or products for which advertisements are made on the Web-site by SPLINQ Partners;
SPLINQ: the private limited liability company incorporated under the laws of the Netherlands, SPLINQ B.V. established and having registered offices at Torenlaan number 5 in Blaricum, the Netherlands, with Chamber of Commerce file number 321264370000;
SPLINQ Account: the electronic registration you are to make containing your personal details and recording your personal preferences and in which the total of the Cash Bank fees you collect is recorded and kept up to date;
SPLINQ Partner: the natural person or legal entity who or which shall have concluded an agreement with SPLINQ on the grounds of which he or she or which shall be permitted to advertise Products on the Web-site;
Transaction: a purchase agreement concluded at a distance between yourself and a SPLINQ Partner;
You: the Visitor who opens a SPLINQ account;
Terms and Conditions: these General Terms and Conditions;
Web-site: the Web-site (homepage and further supporting web-pages) with the URL: www.splinq.com.
Article 1 Applicability
The General Terms and Conditions shall apply to each and every use You make of the Web-site and to opening, maintaining and using a SPLINQ account, and shall also apply to all (lawful) actions between Yourself and SPLINQ.
Article 2 SPLINQ Cash Back fees
2.1 SPLINQ is an easy way for You to earn money for purchases You make via the Web-site www.splinq.com with SPLINQ Partners. Each time You complete a successful Transaction, SPLINQ will deposit a Cash Back fee on to Your SPLINQ Account. The Cash Back fee You receive for a successful Transaction is listed on the Web-site as a percentage of the Price, or, as an absolute amount of money, next to each Product.
2.2 A successful Transaction requires all of the following conditions having been met:
- You have a valid SPLINQ Account;
- You are logged into your own SPLINQ Account;
- You have directly clicked on a certain Product from the Web-site on the Button "go to the store" and thereafter you have been linked through to the web-site of a SPLINQ Partner;
- You have made a purchase, immediately after having clicked on the Button "go to the store" and without in the intervening period having opened any other web-pages, from a distance with a SPLINQ Partner;
- SPLINQ has received a fee from that SPLINQ Partner concerning the Transaction in question;
- You have not dissolved or annulled the purchase made from a distance with the SPLINQ Partner in question at any moment in time nor have You invoked any period of grace to reconsider as referred to in article 7: 46 d of the Civil Code of the Netherlands in respect of the SPLINQ Partner in question;
- You have not returned the Products purchased from the SPLINQ Partner in question;
- The Transaction is deemed by SPLINQ to be a successful Transaction (SPLINQ shall not deem the Transaction to be valid if, for example, SPLINQ suspects fraud has been committed or that unlawful or wrongful use has been made of the Web-site).
2.3 At the time You conduct a Transaction, the Cash Bank fee due in connection with that Transaction will be deposited on Your Account, which deposit will be granted the status of ‘provisional'. If all the aforementioned conditions are met, and the Transaction is deemed by SPLINQ to be successful, the status of a Cash Back fee will be changed from ‘provisional' to ‘granted'. SPLINQ shall change the status from ‘provisional' to 'granted' within 60 days after SPLINQ shall have deemed the Transaction to be successful.
2.4 If the Total of Cash Back fees with the status ‘granted' amounts to more than EUROS 10, that Total will be transferred, within 21 days of that request having been made, to a bank account designated for this purpose by You. Cash Bank balances with the ‘provisional' status may not be paid out.
2.5 You may also have the Cash Back balances which have the status ‘granted' transferred to charities selected by SPLINQ.
2.6 Payment made to the bank account You designate or the charity designated by You, discharges SPLINQ from its payment obligation to You.
2.7 You are required to submit a request for payment to be made of your Cash Bank balances with the ‘granted' status by clicking the Button ‘Cash Out' in Your SPLINQ Account and thereafter following the instructions which appear on Your screen.
2.8 By reviewing Your SPLINQ Account You can always find out what Your Total of Cash Back fees amounts to (both ‘provisional' as well as ‘granted').
Article 3 Using the Account and Web-site
3.1 In order to be able to open a SPLINQ Account You are required to be a natural person who is at least 18 years of age and a resident of the Netherlands. When opening a SPLINQ Account You are required to provide Your name and Your age as well as an active e-mail address. You are also required to provide an alias (‘Username') with which You gain access to the Web-site.
3.2 Your SPLINQ Account is strictly personal. You are not permitted to allow third parties to gain access to Your SPLINQ Account or give third parties the password for Your SPLINQ Account. You may solely use Your SPLINQ Account and the Web-site for personal purposes and in accordance with these General Terms and Conditions.
3.3 You are not permitted to make changes to the settings of the Web-site or infiltrate the Web-site with viruses, trojan horses or other malware nor may you disseminate any racist, discriminatory or other unlawful or wrongful information which constitutes an infringement of (intetellectual property) rights retained by third parties on the Web-site.
Article 4 Intellectual Property Rights
SPLINQ retains the (copy)right to the design, source code and content of the Web-site as well as the trade mark rights to and for SPLINQ. You shall not conduct any activities which might constitute any infringement of these or any other rights retained by SPLINQ. Nothing in these General Terms and Conditions may be deemed to grant or transfer any intellectual property rights to You or grant You any license to use or make use of any such rights.
Article 5 Communications
5.1 All Communications between SPLINQ and You may be carried out electronically aside from where in these General Terms and Conditions and/or the law other forms of Communications shall be required. Each communication intended for You may be sent by SPLINQ to the e-mail address You provide when opening Your SPLINQ Account.
5.2 The version stored by SPLINQ of the communication in questions shall be deemed evidence thereof, aside from counter-evidence provided by You.
5.3 Any communication sent to the e-mail address You provide shall be deemed to have been received on the day of its having been sent unless You prove the contrary. If no communication is received as a result of delivery and/or accessibility problems with Your e-mail box this shall be for Your risk even if the e-mail box is housed with a third party.
Article 6 Information Obligations
6.1 SPLINQ shall ensure that these General Terms and Conditions are provided to You, electronically or not, at the time You open Your SPLINQ Account. You remain responsible for storing and printing these General Terms and Conditions, using facilities for this purpose on the Web-site, in the Brower You use, and You also remain responsible for retaining access to the copy You make and store.
6.2 Without prejudice to any lawful obligation on the part of SPLINQ to retain these General Terms and Conditions, SPLINQ shall not be bound to maintain any filed General Terms and Conditions in a manner which shall be accessible for You.
Article 7 Privacy
7.1 You are deemed to have acquainted Yourself with the Privacy Statement issued by SPLINQ, which may be found and read at http://www.splinq.com/en/legal/privacy-policy and You are also deemed to have expressly consented to the processing described therein of the personal details You have provided SPINQ with.
7.2 You are aware that SPLINQ processes Your personal details including information about Your activities on the Web-site such as the pages You visit, the time You spend on various parts of the Web-site, the internet address of the Web-site You come from and the Products You have reviewed and purchased. SPLINQ stores this information in a database which is also used to improve the service rendered to You and to provide information or special offers to You.
7.3 You may review the information which SPLINQ has collected about You if required and may also correct that information. You retain the rights to request SPLINQ to remove information about You or to protect information about You. SPLINQ shall decide on any such request made within 4 (four) weeks, having considered the interest of SPLINQ and Your privacy interest(s) and, if a decision is made to protect or to remove information, shall inform you to which extent the use You make of the Web-site and Your SPLINQ Account may be limited or prevented.
Article 8 Liability
8.1 SPLINQ shall not be liable for any damage either You or third parties might suffer, including consequential damage, loss of sales and profits, loss of data and intangible damage, connected with or arising out of opening or using a SPLINQ Account or using the Web-site or any other actions or failure to take action on the part of SPLINQ, unless the damage in question shall have been caused deliberately or due to gross negligence on the part of SPLINQ or its employees.
8.2 The Products shown on the Web-site are not the property of SPLINQ and are not offered for sale by SPLINQ. No purchase agreement or any other kind of agreement shall ever at any time be concluded between You and SPLINQ in connection with the Products other than as determined in these General Terms and Conditions. A purchase agreement may solely be concluded between You and a SPLINQ Partner. SPLINQ is not responsible in any manner whatsoever for the (timely) delivery, condition, price or quality of the Products.
8.3 The Web-site contains electronic links (deeplinks and/or hyperlinks) to web-sites of third parties, including those of SPLINQ Partners. SPLINQ is in no manner responsible or liable for the content of those web-sites. The use thereof is also for Your own risk.
Article 9 Duration and Termination
You may terminate Your SPLINQ Account at any and all times without given reasons for doing so. For as long as You make regular use of Your SPLINQ Account it shall remain active. If a SPLINQ Account is not used for more than 3 years, SPLINQ shall be entitled to terminate it unilaterally. SPLINQ may also terminate Your SPLINQ Account without giving reasons for doing so and without becoming due to pay You any form of compensation for this if you act in a manner which conflicts with these General Terms and Conditions or if You provide incorrect or incomplete information when opening Your SPLINQ Accounts. SPLINQ may also terminate Your SPLINQ Account without delay if it terminates its company activities. If You terminate Your SPLINQ Account for whatever reason or should SPLINQ terminate Your SPLINQ Account for whatever reason, all Cash Back fees You still have on Your SPLINQ Account shall be forfeited. This means you shall no longer be able to claim payment be made of them and SPINQ shall not be due to make payment thereof to You any longer.
Article 10 Amendments and Supplements
These General Terms and Conditions may be amended at any and all times unilaterally by SPLINQ. Amended General Terms and Conditions shall be sent to You by e-mail and reference shall be made to this at www.splinq.com/privacy where those amended General Terms and Conditions may also be found. In default of any protest being made against the amended General Terms and Conditions within 21 days, the amended General Terms and Conditions shall become applicable. If You use the Web-site or Your SPLINQ Account after the amended General Terms and Conditions shall have been provided to You, this shall imply in any case that You have agreed to those amended General Terms and Conditions.
Article 11 Applicable Law and Competent Court
These General Terms and Conditions shall be subject to and governed by the laws of the Netherlands. The District Court of Amsterdam, the Netherlands is the sole valid legal forum which shall have jurisdiction to be made cognizant of any dispute arising out of or connection with this agreement or use made of the Web-site.
Blaricum, the Netherlands
February 13, 2008
