Terms and Conditions for Clipr
Terms for users – Introduction
These website/app Standard Terms and Conditions written on this webpage shall manage your use of our website/app, Clipr accessible at www.clipr.eu and app stores.
These Terms will be applied fully and affect to your use of this website/app. By using this website/app, you agreed to accept all terms and conditions written in here. You must not use this website/app if you disagree with any of these website/app Standard Terms and Conditions.
Minors or people below 16 years old are not allowed to use this website/app.
Intellectual Property Rights
Other than the content you own, under these Terms, Clipr and/or its licensors own all the intellectual property rights and materials contained in this website/app.
You are granted limited license only for purposes of viewing the material contained on this website/app.
You are specifically restricted from all of the following:
- publishing any website/app material in any other media;
- selling, sublicensing and/or otherwise commercializing any website/app material;
- publicly performing and/or showing any website/app material, without consent from Clipr.
- using this website/app in any way that is or may be damaging to this website/app;
- using this website/app in any way that impacts user access to this website/app;
- using this website/app contrary to applicable laws and regulations, or in any way may cause harm to the website/app, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website/app;
- using this website/app to engage in any advertising or marketing.
Certain areas of this website/app are restricted from being accessed by you and Clipr may further restrict access by you to any areas of this website/app, at any time, in absolute discretion. Any user ID and password you may have for this website/app are confidential and you must maintain confidentiality as well.
In these website/app Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this website/app. By displaying Your Content, you grant Clipr a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Clipr reserves the right to remove any of Your Content from this website/app at any time without notice.
This website/app is provided “as is,” with all faults, and Clipr express no representations or warranties, of any kind related to this website/app or the materials contained on this website/app. Also, nothing contained on this website/app shall be interpreted as advising you.
Limitation of liability
In no event shall Clipr, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this website/app whether such liability is under contract. Clipr, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website/app.
In case of technical problems and lost data, clipr can not guarantee clips issued within a 24 hour period, and can not be held financially responsible for this.
You hereby indemnify to the fullest extent Clipr from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Clipr is permitted to revise these Terms at any time as it sees fit, and by using this website/app you are expected to review these Terms on a regular basis.
Clipr is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Clipr and you in relation to your use of this website/app, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Denmark, and you submit to the non-exclusive jurisdiction of the official courts located in Denmark for the resolution of any disputes.
Business terms and conditions
Application. General terms and conditions of sale and delivery (the “Terms”) apply to all agreements on Clipr by Catapults, CVR number 18167190, (the “Company”) sales and delivery of services within marketing and loyalty-creating activities to business customers.
1. Agreement basis
- Agreement basis. The conditions together with the Company’s offer via the website and order confirmations constitute the entire agreement basis for the Company’s sales and delivery of services to the customer (the “Agreement basis”).
- Amendments and Supplements. Changes to and additions to the Basis of Agreement are only valid if the parties have agreed in writing.
- Legal status. Each of the parties shall immediately notify the co-contractor if the party changes its legal personality, is placed under bankruptcy or reorganization proceedings or voluntary liquidation.
- Standard. The services that the Company sells and delivers to the customer are provided via our app and website, and Clipr ensures the quality of these services.
- Customer participation. The Customer shall provide the Company with access to personnel and information to the extent necessary to perform the Services.
- Legislation and standards. The company is not responsible for whether the services meet legislation or standards or can be used for specific purposes, unless the parties have agreed otherwise in writing.
3. Price and payment
- Price. The price for the services follows the Company’s current price list at the time when the Company confirms the customer’s order, unless the parties have agreed otherwise in writing. All prices are exclusive VAT.
- Payment. The customer must agree to automatic payment by credit card.
4. Late Payment
- Interest. If the customer fails to pay an invoice for services on time for reasons for which the Company is not responsible, the Company is entitled to interest on the amount due of 1% per. month from due date and until payment is made.
- Repeal. If the customer fails to pay an overdue invoice for services within 14 days after receiving a written demand for payment from the Company, the Company has, in addition to interest according to p. 5.1 right to: (i) cancel the sale of the services to which the delay relates, (ii) cancel the sale of services that have not yet been delivered to the customer, or demand advance payment for this, and / or (iii) assert other default rights.
5. Offers, orders and order confirmations
- Offer. The company’s offer is valid for 10 days from the date the offer is dated, unless otherwise stated in the offer. Acceptance of offers received by the Company after the expiry of the acceptance period is not binding on the Company, unless the Company notifies the customer otherwise.
- Orders. Ordering services can be done directly from the Company’s website, or via electronic or telephone contact to the Company.
- Change of orders. The customer can change a placed order for services with one month’s notice, from the last day of the current month.
- Inconsistent terms. If the Company’s confirmation of an order for services does not match the customer’s order or the Agreement Basis, and the customer does not wish to accept the non-compliant terms, the customer must notify the Company in writing within 10 working days of receiving the order confirmation. Otherwise, the customer is bound by the order confirmation.
- Delivery time. The Company provides services no later than the time stated in the Company’s order confirmation. The company has the right to deliver before the agreed delivery time, unless the parties have agreed otherwise.
- Study. The customer must examine all services upon delivery. If the customer discovers an error or defect that the customer wishes to invoke, it must be notified to the Company in writing immediately. If an error or defect that the customer has discovered or should have discovered is not immediately notified in writing to the Company, it can not be claimed later.
7. Delayed delivery
- Message. If the Company expects a delay in the delivery of services, the Company informs the customer about it and at the same time states the reason for the delay and a new expected delivery time.
- Repeal. If the Company fails to provide services within 10 working days after the agreed delivery time for reasons for which the customer is not responsible, the customer may cancel the order or orders affected by the delay, without notice by written notice to the Company. The customer has no other rights due to delayed delivery.
- Warranty. The company guarantees that services are free from significant errors and omissions in execution.
- Exceptions. The Company’s warranty does not cover defects or deficiencies caused by: (i) ordinary wear and tear, (ii) use contrary to the Company’s instructions or general practice or for non-agreed purposes, (iii) remediation or modification performed by anyone other than the Company, or ( iv) other matters for which the Company is not responsible.
- Notice. If the customer discovers an error or defect that the customer wishes to invoke, it must be notified to the Company in writing immediately. If an error or defect that the customer discovers or should have discovered is not immediately notified in writing to the Company, it can not be claimed later. The Customer must provide the Company with the information about a reported error or defect that the Company requests.
- Study. Within a reasonable time after the Company has received notification from the customer of an error or defect and examined the claim, the Company notifies the customer whether the error or defect is covered by warranty.
- Remedy. Within a reasonable time after the Company has given notice to the customer in accordance with pkt. 8.4 that an error or defect has been acknowledged, the Company will remedy the error or defect.
- Repeal. If the Company fails to remedy a recognized error or defect within a reasonable time after the Company has given notice to the customer in accordance with p. 8.4, for reasons for which the customer is not responsible and the defect or defect has not been remedied within a reasonable period of at least 30 days, the customer may cancel the order or orders affected by the defect or defect, without notice by written notice to The company. The customer has no other rights in connection with errors or deficiencies in services than those expressly stated in p. 9.
- Responsibility. Each party is liable for its own actions and omissions under applicable law with the limitations that follow from the Basis of Agreement. The company is only responsible for its own product, and can not be held responsible for failures from other suppliers, such as faulty internet connections, lack of mobile coverage and the like. The customer also has its own responsibility to ensure that the Company’s product is not misused, by ensuring that eg nfc signs are in an area where the customer can control their customers’ use of the signs.
- Limitation of liability. Notwithstanding any opposing terms in the Agreement Basis, the Company’s liability to the customer may not per. month in total exceed the amount of the services the customer buys costs. The limitation of liability does not apply if the Company has acted intentionally or with gross negligence.
- Indirect losses. Notwithstanding any conflicting terms in the Agreement, the Company is not liable to the customer for indirect losses, including loss of production, sales, profit, time or goodwill, unless caused intentionally or through gross negligence.
- Force majeure. Notwithstanding any conflicting terms in the Contract Basis, the Company is not liable to the customer for non-fulfillment of obligations which may be attributed to force majeure. The discharge lasts as long as force majeure lasts. Force majeure is considered to be matters that are beyond the Company’s control and which the Company should not have foreseen at the conclusion of the agreement. Examples of force majeure are unusual natural conditions, war, terror, fire, flood, vandalism and labor disputes.
10. Intellectual property rights
- Property rights. The full ownership of all intellectual property rights arising in connection with the Company’s performance of services, including patents, designs, trademarks and copyrights, belongs to the Company.
- License. The Customer has an indefinite, free of charge, transferable license to exploit all intellectual property rights arising in connection with the Company’s performance of services, for purposes that fall within the customer’s usual business area, or which are separately agreed between the parties.
- Violation. The Company is not liable for any infringement of the intellectual property rights of third party services provided unless the infringement is intentional. To the extent that the Company may be met with a claim for infringement of the intellectual property rights of third party services provided, the customer shall indemnify the Company, unless the infringement is intentional.
- Disclosure and Use. The Customer may not pass on or use or enable others to use the Company’s trade secrets or other information of any kind that is not publicly available.
- Protection. The Customer may not improperly obtain or attempt to obtain knowledge of or availability of the Company’s confidential information as described in section. 12.1. The customer must handle and store the information properly to prevent it from accidentally coming to the knowledge of others.
- Duration. The parties’ obligations pursuant to p. 11.1-11.2 applies during the cooperation of the parties and without time limit after the termination of the cooperation, regardless of the reason for the termination.
12. Processing of personally identifiable information
- Treatment. The company processes personal data with due observance of the Data Protection Regulation and Act. Information about the Customer’s name, address, e-mail, telephone number, etc. is used only in connection with the Customer’s ordering, communication and marketing via purchased services.
- Rights of the data subject. The company complies with the data subject’s rights (including right of access, rectification, deletion, restriction of processing, objection, data portability, appeal and right not to be the subject of a decision based solely on automatic processing, including profiling).
- Storage and disclosure. The company retains the information for as long as is necessary for the purpose for which the information is processed. The Company does not pass on, sell or otherwise transfer information to third parties unless the Customer has given consent to this.
- Contact. If the Customer wishes information about which data is being processed, to have data deleted or corrected, the Customer can contact the data protection officer at email@example.com.