General Terms of Transactions of Ojooo WAD
Article 1
SCOPE OF APPLICATION
The terms set forth below shall be applicable to all kinds of services provided by Ojooo AG Germany (Germany), e-mail: administration@ojooo.com, (hereinafter referred to as “Ojooo WAD” or “the Company”) (Ojooo WAD is the abbreviation for “OJOOO Watching Advertising”), in the website https://wad.ojooo.com (hereinafter referred to as “the website”), with the exception of “third party services” provided by third party service providers rather than Ojooo AG. With respect to such kinds of services the General Terms of Transactions with Third Party Service Providers shall be applicable. Inconsistent, different or supplementing General Terms of Transactions shall not be an integral part of this contract even if they have been duly taken into consideration, except for the case where an express consent to application thereof has been given by Ojooo AG.
Article 2
TERMS OF USE
Only persons in the age of 18 years old or more or persons considered of full age according to the law of the country of their nationality may take part in the Ojooo WAD’s program. The program is accessible to users all over the world. The program cannot be used if prohibition is imposed thereon according to the applicable domestic legislation. In addition, a user cannot take part in the program if it is supposed that he/she intends to commit an unlawful action.
Article 3
OBLIGATIONS OF THE USERS
At the time of registration, the user agrees and undertakes to provide the following personal data: name, surname, residence address, birth date and e-mail. The users must not use a pseudonym, an alias or give oneself out as any other person. Multiple registrations from different e-mails shall be prohibited. Joint use of one and the same computer, address or names with a user who already has an OJOOO WAD account shall be prohibited. The OJOOO WAD program contains restrictions on use. Only one IP address may be used for each account taking part in the program.
Program entry shall be effected after specifying the user’s name and password. The user undertakes to maintain confidentiality with respect to such information. Such information may be changed after program entry in the menu item “profile and settings”. The user shall be personally liable for the use of his personal OJOOO WAD account. The user shall be also personally liable in the event of granting any powers to third parties to whom he/she provides access to his/her personal account. The user must promptly report an attempt of any person to gain unauthorized access to his/her personal account. The user shall be personally liable for the consequences of careless treatment of personal data. OJOOO WAD shall not be liable for unauthorized access of third parties to the account as a result of careless treatment of personal data.
In the event of fraud, unauthorized use of the system, use of rude or vulgar words and expressions, insults, improper behavior in forums, in the technical support information system or in other services of OJOOO WAD, considered by OJOOO WAD as improper or unlawful behavior, the Company shall have the right to cancel the contract with the user and to remove his/her account. In such case, the user shall lose the right to the fee (the amount in the user’s account) that has not yet been paid by the Company. If any unlawful actions have been committed in the Company’s system, the Company reserves the right to report to the competent authorities at the place of the user’s permanent residence of such unlawful actions or to initiate criminal proceedings against the user. OJOOO WAD reserves the right to bring a claim for compensation for damages and the right to demand refund of the paid amount.
Inactive accounts: if an account has not been used for a long time (at least 60 days from the latest entry into the account), the Company considers it inactive and removes it. The amount recorded in the account as of the removal date shall be lost by the user and no compensation shall be paid. The balance in the account shall be deemed equal to zero. Upon removal of an account all referrals and ad credits shall become inactive and invalid. In the event of repeated activation of the account by the user, referrals and ad credits shall not be reinstated. They shall be lost similarly to the amount recorded in the account.
Change of the account details: the holder of an account may change the account details in the Company’s system at any time. In the event of a change of the account details, the Company reserves the right to verify the new data for compliance. Such verification may take up to 5 business days (non-business days shall be understood as days off and public holidays determined by the legislation in the place of the user’s permanent residence). In the event of force majeure circumstances or a technical failure, the Company shall not be liable for any possible delays in verification of the clients’ new data. To confirm authenticity, a copy of the authorized user’s passport shall be provided. The user must upload a copy of the passport to the Company’s system. To ensure security of users and their accounts, no payments shall be effected at the time of verification. Upon successful verification of the user’s new data, the account will be available for use and the Company will resume payments. The above stated rules of determining the verification timing shall be applied accordingly.
Offers, assignments and polls: OJOOO WAD makes contracts with various companies so that to provide to our users as wide range of offers, assignments and polls as possible. If a user has not received the fee for offers, assignments and polls, the Company will always try to identify the cause of refusal of payment of the fee but it shall not be liable for payment of the fee of the company responsible for provision of such offers, assignments or polls withdraws from its obligations or does not transfer the fee. The account of a user who attempts to implement by way of fraud an offer, assignment or poll will be blocked forever. Use of a proxy server or a VPN server for entry and implementation of the above said offers, assignments or polls shall be prohibited. All amounts received by way of unauthorized access or fraud shall be confiscated.
Account verification: before receiving access to the payment system, authenticity of the user’s mail address shall be verified. If the mail address is different from the de facto address, this may result in closing the account and confiscation of the full amount therein. The Company reserves the right to verify addresses and personal data of all users without giving reasons. The Company reserves the right to withhold money and/or close accounts if a user refuses to cooperate in carrying out such verification or ignores the Company’s requirements.
Article 4
PAYMENTS TO USERS
All payments shall be effected with the use of OJOOO WAD platform payment systems provided by Ojooo AG. The list of accessible payment systems may be found in the relevant OJOOO portal. All payments shall be effected after creation of a request by a user. Careful check of a user’s request may take up to several business days. A user may send a request for payment only after closing the previous request.
Payment to each user shall be effected once in 7 days.
A user shall be obliged to have a valid account opened with the payment system operator. Payments shall be effected to the account stated by the user. The user may not cancel a payment request sent to a server.
To receive a payment, a user must have an account opened with a payment system operator in a country where payments may be effected by the payment systems proposed by Ojooo AG (not all of the payment systems proposed by Ojooo AG are available all over the world). The interval between the user’s requests for payment shall be at least 7 days. A user shall be obliged to accept a payment received to the account of his/her payment system within 30 calendar days. Otherwise, the request for payment shall be cancelled and the amount of the payment will not be refunded.
Compensation of the payments transferred by the Company is not provided for. Repeated payment of such compensations shall not be effected.
The Company reserves the right to make amendments and supplements.
Article 5
LIMITATION OF LIABILITY
The Company shall not be liable for loss of profit, loss of business opportunities or indirect damages caused by any unlawful action and for incident or consequential loss that may arise in connection with this contract with the Company or relates to contractual relations therewith even if the Company has warned of potential damages. The maximum amount of the Company’s total liability under this contract shall not exceed the amount of the duties paid or payable by the user under the contract. The terms of this article of the contract shall survive due to their nature cancellation or termination of the contract. OJOOO WAD does not give any warranties and does not make any statements with respect to the program for participants, any services or positions in an advertisement, whether stated expressly or through implicative actions (in particular, with respect to quality warranty, preparation for sale, violations, or other implicative actions that may arise from application of the contract, making a business transaction, or usage). The Company does not warrant that the OJOOO WAD website will operate continuously and uninterruptedly. The Company shall not be liable for any suspension of operation of the system or for any errors that have occurred. The Company shall not be liable for any errors that may relate to malicious software or viruses on a user’s computer or mobile telephone that have impact on the functions of the device. The user shall be responsible for installation of the anti-virus system on the computer or mobile telephone. The Company shall control each advertisement that is entered into the system for malicious software or codes. The Company shall not be liable for the damages resulting from removal of computer viruses even if the user asserts that the virus entered the computer after viewing advertisements in our website.
Article 6
LINKS
The website may contain links to other websites (“linked websites”), including websites of third party service providers that maintain business relations with our company. The Company does not check the materials, functioning, standards, conditions and other elements of the linked websites and shall not be obliged to control such websites. The Company neither supports nor recommends nor sponsors any linked websites. This provision shall also be applicable to the content, advertising, information, materials, products, services and other items of third party service providers. We shall also not be liable for the quality or delivery of products and services that are offered, viewed, acquired or purchased in such websites. In the event of use, dissemination or provision of information in linked websites, the Company shall not be liable for direct or indirect damages or loss, consequential or incident damages, or special damages that may arise from careless treatment, violation of the contract, defamation, infringement upon copyright or intellectual property rights. Any actions related to such websites shall be governed by data protection provisions, terms of use and other rules of the operators of linked websites. As regards all and any, without any exception, relationships, correspondence, transactions or other operations with third parties that take place in such websites or with the use thereof, the arrangements shall be applicable that have been made by the user with the third party service providers. Our company shall not be responsible for the consequences of such transactions.
System failure
If an error or a failure occurs in the system or suspicion of manipulation arises, OJOOO WAD reserves the right to suspend operation of the system. After removal of the error OJOOO WAD will resume operation of the system on the terms determined by its discretion.
Return of the purchase price of subscription fee in the event of a system failure or error is not provided for.
The Company interrupts at its discretion a transaction that has not been processed due to a system error, is suspicious or doubtful, and shall have the right to refuse performance of such transaction. The Company’s rules and decisions with respect to operation of the website shall be final and binding upon the parties.
A user shall be personally responsible for the use of any services offered in websites through his/her computer or mobile telephone and acknowledges that not all of the devices are compatible with the Company’s system.
Statement of incorrect user’s data: OJOOO WAD shall not be liable for the consequences of statement of incorrect data in the system, in particular, e-mail, personal data or payment details. This may result in loss of the fee.
Websites of third party service providers
OJOOO WAD may place temporary and permanent links to third parties’ websites. OJOOO WAD shall neither control nor verify nor examine the materials in such websites. OJOOO WAD shall not be responsible for any software, materials or viewpoints presented in such websites. OJOOO WAD may place temporary and permanent links to third parties’ websites. OJOOO WAD shall neither control nor verify nor examine the materials in such websites. Links to third parties’ websites shall serve for improvement of functionality of the system. Placement of links shall not mean that OJOOO WAD supports some or other linked website. A user shall be personally responsible for the consequences of following an external link to a third party website.
Article 7
ANTI-SPAM POLICY
The users may not disseminate any links of advisory nature through unsolicited mail (spam), posts in forums, websites with notices of vacancies, bulletin boards in the Internet, or with the use of any other mass communication facilities. Failure to observe the above said rules shall entail cancellation of the contract and shall be deemed a criminal offence. OJOOO WAD strictly observes the service rules and requirements with respect to protection from spam. Spam dissemination is considered ad criminal offence. If it is established that a user has disseminated spam, his/her account will be promptly closed and he/she will lose all his/her former, current and future revenues. In addition, a user shall be liable for dissemination of spam because the Company collaborates with all representatives and bodies in carrying out investigations in criminal cases related to spam dissemination. OJOOO WAD reserves the right to claim compensation for the damage caused by unsolicited letters (spam).
Article 8
ADVERTISERS’ REQUIREMENTS
Each advertisement sent to the Company’s system shall be checked by moderators before placement. The users must not visit prohibited websites that contain malicious scripts or codes, excessive advertising or viruses. Approved website domains (URL) must not make any significant changes and the rules of the Company’s service must not be violated after approval of the materials of a website. All users that effect payment with the use of payment processors offered by the Company may be required to provide before making a purchase an electronic letter with confirmation of the transaction. Such obligation is intended for prevention of fraudulent transactions. All of the websites listed below shall pass before addition through a check in the Company’s system. The list below is not complete.
Websites that contain materials for adults or sex-related materials, in particular, dating websites; websites that containing materials related to narcotics, sale of tobacco products, or materials that foster hatred or encourage violence; websites related to sale of weapons, sale of pharmaceutical products or downloading illegal content, including MP3 films, software or games of chance, use of proxy servers or VPN servers, alcohol, including beer, wine, liquors and self-made alcohol drinks; websites of HYIP (High Yield Investment Programs).
OJOOO WAD reserves the right to refuse placement of advertisements at its discretion.
Article 9
IMPROPER USE OF AN ACCOUNT
In the event of multiple registrations all accounts will be promptly blocked. Use of one IP address for registration of several accounts or multiple registrations from one computer or mobile telephone shall be deemed fraud. OJOOO WAD reserves the right to cancel the contract with a user and to block his/her account if he/she uses Internet bots. A bot is a computer program that automatically performs some recurrent actions. Bots perform monotonous recurrent actions. The rate of performance thereby of such actions is much higher than the rate accessible by human beings. OJOOO WAD shall have the right to claim return of any profit gained as a result of multiple registrations, fraudulent actions or improper use as provided for by this General Terms of Transactions. All revenues unlawfully received in the Company’s system shall be confiscated. A user understands and agrees that OJOOO WAD determines the amount of damage that shall be compensated. OJOOO WAD strictly observes its obligations related to protection of users so that to ensure for them appropriate return on the invested funds. Non-observance of the terms of this contract shall entail a fine in the amount of 2,000 US Dollars. In addition, OJOOO WAD shall have the right to claim compensation for the actual damage caused thereto. If suspicion of any fraudulent actions exists, OJOOO WAD reserves the right to block accounts at its discretion for the period when a check is carried out.
To enter the OJOOO WAD’s system, anonymizers or proxy servers must not be used. If an anonymizer or a proxy server is used to enter the system, OJOOO WAD reserves the right to block such user’s account at its discretion. The account of a user who violates these rules will be blocked. If an account is closed due to violation of the terms of the contract, all amounts in the account shall be confiscated.
Article 10
LAWFUL ACT AND STATEMENT OF CONSENT
These General terms govern the contractual relations and the relations of use between a user and OJOOO WAD. They shall be applicable to all users, whether individuals or legal entities. Using this website, you agree with these General Terms. In addition, you have to state your agreement with the proposed terms in express form in some pages of the website. Using the services of the website, you automatically agree with these General Terms even if you have not read them.
OJOOO WAD reserves the right to change these Terms at any time at its discretion and without giving reasons, including, without limitation, the pricing policy terms (“new terms”). OJOOO WAD will send you an electronic letter on introduction of new terms or changes in the existing ones via electronic mail. You also agree that we may publish the new terms in our website by way of placement of a link with information in the main page. Using the services of the website (or performing other similar actions in the website) after publication of the new terms, you automatically agree with such new terms. Therefore, we strongly recommend that you should read these terms before any use of the service. The new terms of using the services of the website shall become effective at the time of publication thereof in our website unless a later date of their becoming effective is determined and stated in the information page.
Article 11
AFFILIATE PROGRAMS
An affiliate program available in the OJOOO WAD’s platform shall be a separate service to which special transaction terms shall be applied.
You may examine the General Terms of Transactions in the relevant section of the https://affiliate.ojooo.com website.
(1) The OJOOO Company is engaged together with its affiliate high-tech software development enterprises in realization of high quality products and provision of services (hereinafter referred to as “products”) throughout the world. The Company’s affiliates may realize the products selected thereby on behalf of the OJOOO Company, thus making distribution their core activity. An affiliate shall receive certain fee for his agency services. This kind of activity does not require investment of funds, ordering any specific amount of products or engagement of other affiliates. The only thing to be made in this case is passing though a free-of-charge registration.
(2) In addition, the opportunity exists of engagement of other affiliates for realization of the OJOOO Company’s products; however, this condition is not mandatory. In such case, the commission fee is paid based on the sales results for each affiliate engaged. The commission fee shall be paid only based on the sales results rather than for engagement of affiliates. The commission fee, the payment methods, the requirements and the fee payment terms are consistent with the currently applicable fee rate and the legislative requirements.
(3) Before starting the work, OJOOO provides to an affiliate free of charge the starting package that contains a functional back office with preselected settings, with the help of which an affiliate may at any time view the report on turnovers and balances in accounts, commission fees and client information. In addition, OJOOO provides to its affiliates package offers with a complete set of products and services. A package offer comprises a back office, a license for using the Webcreator for creation of your own professional website and discount coupons for purchase of various products. A package offer shall also include a gift voucher for the first monthly payment of the subscription fee for using the Webcreator (information on monthly payments and subscription fee is given in Article 11.3).
Article 11.1
GENERAL REQUIREMENTS ON CONCLUSION OF THE CONTRACT
(1) The contract with an affiliate may be concluded with a legal entity, a business partnership or an individual or his/her representative in the age of at least 18 years old, who is an entrepreneur and has a license for entrepreneurial activity. Consumers may not conclude such contracts.
(2) If the application is submitted by an affiliate who is a legal entity or a partnership (simple partnership, open trading partnership, joint stock company, etc.), an extract from the trade register (if any for the “partnership” legal form) on registration and the taxpayer identification number shall be provided. All members of the company must be older than 18 years. The members of the company shall be personally liable to OJOOO for the actions of the legal entity.
(3) If electronic application or order forms have been used, they are an integral part of the contract.
(4) The contract shall be concluded in the Internet after registration in OJOOO’s website and receiving by the company of appropriate confirmation via electronic mail. The affiliate must complete in full the application form in accordance with the established procedure and send it to OJOOO. Each individual may submit only one application. In addition, the affiliate shall state before registration its agreement with the General Terms of Transactions with affiliates and with the Fee Schedule Terms, which are an integral part of the contract.
(5) In the event of a change in his/her personal data, the affiliate shall, where possible, promptly make on its own appropriate changes in the relevant section of OJOOO’s back office. In addition, he/she must send a letter with information on the change to OJOOO’s e-mail stated in Article 1.
(6) OJOOO reserves the right to reject or accept any application at its discretion and without giving reasons.
(7) In the event of violation of any obligations provided for by Clauses (1)-(2) and (4), Article 2, OJOOO shall have the right to immediately terminate the contract with the affiliate without warning and to claim return of the paid fee. In the event of early termination of the contract, OJOOO shall also have the right to claim full compensation for the damages caused thereto.
Article 11.2
STATUS OF THE AFFILIATES
(1) An affiliate shall act as an autonomous and independent entrepreneur provided that by agreement of the parties his/her activity shall be classified at its early stages as supplementary activity. He/she is not an OJOOO’s employee, trade representative or commercial broker. No obligations exist as regards realization, sale or the procedure for transfer and acceptance of goods, or other activities. An affiliate shall not receive from OJOOO any instructions, except for the obligations under this contract. He/she shall be fully liable for possible failures in his/her entrepreneurial activity and for its results. An affiliate shall conduct his/her entrepreneurial activity at his/her own cost and shall be obliged to pay wages to his/her employees. An affiliate undertakes to conduct his/her entrepreneurial activity with the care of a diligent entrepreneur, including arrangement of his/her own office or workplace in conformity with the requirements imposed upon entrepreneurial activity.
(2) Acting as an independent entrepreneur, an affiliate shall be responsible for compliance with the legislation requirements, including the requirements of tax authorities, social and legal rules (obtaining a taxpayer identification number and an authorization for entrepreneurial activity, registration of employees with social insurance services). An affiliate undertakes to submit the tax return, to state the amount of the fee received in the course of cooperation with OJOOO and to pay the tax to the tax authority at his/her principal place of business in conformity with the legislation requirements. OJOOO reserves the right to withhold the accrued amount of taxes and charges directly from the fee or to request compensation for the expenses incurred or the damage caused as a result of violation of the above said requirements. This rule shall not be applicable if such damage has been caused (expenses have been incurred) other than through the affiliate’s fault. OJOOO shall not pay contributions for social insurance of affiliates.
Article 11.3
RIGHT OF USE OF THE WEB GENERATOR
After buying the offered package with a complete set of products and services an affiliate has the right of using the web generator for one year subject to monthly payment of the subscription fee. The right of use enables an affiliate to use one specific web generator. The right of use may not be transferred. An affiliate shall have no right to modify, customize or otherwise transform the web generator in any way. An affiliate shall also have no right to grant any sub-licenses.
Article 11.4
OBLIGATIONS OF THE AFFILIATES IN THE FIELD OF ADVERTISING AND THEIR GENERAL OBLIGATIONS
(1) An affiliate undertakes to maintain confidentiality of the passwords and account data and not to disclose them to third parties. When conducting his/her activity, an affiliate must not infringe upon the rights of the affiliates, OJOOO or third parties, to create obstacles or to violate any other requirements of the applicable legislation. In particular, an affiliate must not disseminate false or misleading information on OJOOO’s products and sales system. When conducting his/her agency, sale or advertising activity, an affiliate may only disseminate information on OJOOO’s products and sales system that is consistent with OJOOO’s advertising and promotional materials. An affiliate must not send unsolicited electronic letters, facsimile messages or SMS messages of advertising nature (spam). An affiliate must not commit any unlawful actions such as, for example, use of unfair or unapproved advertising (misleading information).
(2) Regulation of advertising activity: special conditions
(a) An affiliate must not disseminate information of the opportunities of earning in OJOOO’s system or to state the amount of such earnings in advertising media. When establishing business contacts, for example, in online chats or webinars, an affiliate must, on the contrary, explain in an express manner that large income may be only gained from such activity by a small number of affiliates after intensive and prolonged work.
(b) In the course of advertising and commercial and marketing events, an affiliate must not mislead anybody as regards the criteria for compensation, in particular, to pass a commission fee off as a “bonus for engaging new affiliates” or to take any actions that create the appearance of inconsistency of the advertised sales system with the law, in particular, its operation on the basis of the snowball or financial pyramid principle or any other fraudulent scheme.
(c) An affiliate must not sell products to or perform sale operations with minors or with persons who are “inexperienced” in commercial matters or to use their lack of care, age limitations or sickness for inducing a consumer into conclusion of the contract. When interacting with so-called “disadvantaged groups” or groups that speak a foreign language, affiliates must take into account their financial capability, lack of care and lack of speech understanding and, in particular, not to take any actions that may prevent such groups from performance of their obligations.
(d) An affiliate must not hold inappropriate, unlawful or unsafe advertising and commercial and marketing events or take any actions that exert excessive pressure on certain consumer groups.
(e) An affiliate may only refer for commercial purposes to recommendations, research results, reference materials or other persons if they are approved by the author and OJOOO, are true and the information that is set forth is not outdated. Recommendations, research and reference materials must be consistent with the intended use provided for by the contract.
(f) An affiliate must not induce into buying products by way of knowingly false promises or promises of some special benefits if such benefits are related to some uncertain circumstances in the future. An affiliate undertakes not to take any actions that may induce consumers into acceptance of a commercial offer with the sole purpose of doing a personal service, stopping an undesirable conversation or make use of advantage that is not the subject of the commercial offer, and also not to take any actions with the purpose to show the opportunities of receiving such advantages.
(g) An affiliate must not disseminate information stating that commission fees or OJOOO’s products are approved, accredited or supported by state authorities or are governed by legal rules.
(h) It is strictly prohibited to disseminate information stating that commercial operations in OJOOO’s system are interest-bearing deposits or other financial operations, since such statement is not true.
(3) Manufacture, use and dissemination of an affiliate’s own advertising materials, brochures, video clips, films and other advertising media, online and offline media, and creation of web pages in the Internet shall only be permissible on OJOOO’s prior consent. Dissemination of advertising of OJOOO’s products and services in an affiliate’s own or other person’s pages in the Internet shall only be permissible on OJOOO’s prior consent. Only advertising in OJOOO’s official pages shall be permissible without OJOOO’s express consent. If an affiliate advertises OJOOO’s products and services on other platforms in the Internet, for example, in social media (Facebook, Instagram, Google+), Internet blogs or chat clubs, he/she may use only OJOOO’s official advertising information. When holding advertising campaigns on other platforms in the Internet, an affiliate must state that such campaign is not OJOOO’s official advertising.
(4) An affiliate may provide services, products and criteria for participation in OJOOO’s system within the limits of the applicable legislation (with the right of revocation) at home or virtual events, webinars, Internet presentations and other similar events.
(5) An affiliate must not offer services or products at public or private Internet fairs, goods exchange floors, Internet auctions or Internet stores such as, for example, eBay, Amazon or similar trading floors.
(6) When conducting his/her commercial activity, an affiliate shall be obliged to state that he/she is OJOOO’s INDEPENDENT PARTNER. An affiliate shall be obliged to state in websites, letterheads, business cards, notices placed on motor vehicles, and in advertisements, advertising materials, etc. that he/she is an INDEPENDENT AFFILIATE of OJOOO. An affiliate must not raise credits or take loans, spend funds, assume obligations, open bank accounts or conclude contracts on behalf or in the interests of OJOOO.
(7) An affiliate shall be responsible for payment of travel, telephone, advertising and stationery expenses and additional expenses related to performance of a transaction.
(8) When conducting his/her commercial activity, an affiliate shall have no right to make negative judgments on or to undervalue the brands of competitor companies and other companies or to use words and expressions that are not consistent with the requirements of the law.
(9) All advertising materials, presentations, training aids, video materials etc. (including photographs) are protected with copyright. An affiliate shall have no right to disseminate, reproduce, publicize or edit the above said materials in full or in part without OJOOO’s written consent or to go beyond his/her powers established by this contract.
(10) Any use (or change) of OJOOO’s registered trademarks, product names, trade names and business names without OJOOO’s advertising materials or official documents shall only be permissible upon OJOOO’s prior written consent. An affiliate must not register his/her own trade marks, trade names, domains or intellectual property rights that contain OJOOO’s business names, trade marks, product names or trade names. The above stated conditions shall be also applicable to the business names, trade marks and trade names that belong to OJOOO on the ground of the exclusive right of use of intellectual activity results. The prohibition established by Clause 2 shall be applicable both to identical and to similar names. Any modification of the trade marks of OJOOO’s virtual products shall be prohibited.
(11) An affiliate must not answer any questions posed by journalists with respect to OJOOO’s services, products and marketing plan. An affiliate shall be obliged to immediately forward all questions from journalists to OJOOO’s e-mail affiliate@ojooo.com. An affiliate shall have the right to make official statements (for example, on TV, radio, forums and in the Internet) on OJOOO’s products and sales system only on OJOOO’s prior written consent.
(12) An affiliate must report to OJOOO’s management beforehand (prior to the official statement) through OJOOO’s event planning system the place, the time and the program of an advertising event involving general public. OJOOO may make changes in or demand cancellation of the event if this meets OJOOO’s interests, organization of OJOOO’s sales and the interests of OJOOO’s members.
(13) All applications and complaints from clients in relation to OJOOO’s products, services or compensation system must be immediately forwarded to OJOOO’s e-mail.
(14) An affiliate must not sell or disseminate his/her own advertising and/or marketing materials to other affiliates of OJOOO.
(15) Registration in catalogues of other companies shall be permissible subject to a prior written approval by OJOOO. The reference data must contain the designation “INDEPENDENT AFFILIATE OF OJOOO”.
(16) An affiliate must not use telephone numbers with paid incoming calls for sale of OJOOO’s products or for holding marketing campaigns.
(17) An affiliate shall be obliged to immediately notify OJOOO of any violation of the General Terms of Transactions with affiliates or violation of legislation requirements by other affiliates and to provide true information.
(18) After winding up, an affiliate may repeatedly get registered in OJOOO’s system. In the event of repeated registration, at least 6 months must expire from the date of receiving the dismissal notice. In that period an affiliate shall have no right to conduct any commercial activity on behalf of OJOOO.
(19) An affiliate may only disseminate and advertise OJOOO’s products and services and engage new affiliates in the countries that have been officially approved by OJOOO.
(20) An affiliate shall be allowed to acquire the products of OJOOO or its affiliates for personal use and for his/her family members. An affiliate and his/her family members are strictly prohibited from inducing other affiliates or third parties into buying OJOOO’s products with the purpose to receive a commission fee, to mislead anybody or to do a personal service to a family member rather than for personal use.
Article 11.5
UNFAIR COMPETITION / SOLICITATION OF CLIENTS AND PARTNERS / SALE OF THIRD PARTY SERVICES
(1) An affiliate is allowed to disseminate and advertise products and services of other companies, including companies that are engaged in Internet marketing or multilevel marketing, and competitor companies.
(2) An affiliate must not solicit OJOOO’s affiliates to shifting to other companies.
(3) An affiliate must not violate the terms of contracts with other affiliates or product sale contracts made with other companies as long as the terms of the contracts are effective.
(4) If, in addition to his/her entrepreneurial activity with OJOOO (including his/her own down line), an affiliate works for competitors or other multilevel marketing companies, he/she shall be obliged to organize his/her actions so that one activity is not be connected to another and they do not interfere with each other. In particular, an affiliate must not simultaneously sell products and/or services of OJOOO and those of other companies in one and the same place (or in close proximity to each other), in the same websites, Facebook pages, social media platforms or Internet platforms, except for the cases where such actions have been approved by OJOOO, for example, in the context of official partnership of OJOOO with the relevant company.
Article 11.6
CONFIDENTIALITY
An affiliate shall be obliged to maintain confidentiality with respect to OJOOO’s business secret and structure. OJOOO’s business secret shall include the personal data of clients and affiliates and information on the down line and the recruited distributors. The provisions of this Article shall survive due to their nature termination or cancellation of the contract with an affiliate.
Article 11.7
PROTECTION POLICY / CROSS SPONSORING / MANIPULATIONS WITH COMPENSATIONS
(1) A new affiliate who has been engaged to the system by an active affiliate for realization of OJOOO’s products shall be included into such active affiliate’s protection system (protection policy). The date of inclusion into the system shall be understood as the date and the time of receiving the application for registration in OJOOO’s system. If two active affiliates have engaged one and the same new affiliate, only that active affiliate who was first to effect registration will be accounted for in OJOOO’s system.
(2) OJOOO reserves the right to remove personal data from the system, including e-mails of affiliates, if advertising letters, messages or electronic letters are returned to the sender with such notes as “not delivered”, “died”, “not accepted”, “not established”, etc. and the affiliate has not rectified the errors within the established time limit. If any damages are caused to OJOOO as a result of impossibility of delivery of letters and parcels, OJOOO shall have the right to claim compensation for such damages. This rule shall not be applicable if damage has been caused other than through the affiliate’s fault.
(3) Cross sponsoring (and any attempts thereof) inside OJOOO shall be prohibited. Cross sponsoring shall be understood as engagement of an individual or a company that is already an affiliate in OJOOO’s other dealer network or with which the contract with an affiliate has been concluded in the past 6 months. An affiliate must not use the names of his/her spouse or relatives, business names, official names of joint stock companies, partnerships, trust companies or third parties with the purpose to avoid performance of the duties in accordance with the above said condition.
(4) Any manipulations with compensations shall be prohibited, in particular, sponsoring of affiliates who do not conduct active commercial activity in OJOOO’s system (so-called “straw persons”) and multiple registrations in any covered or open form. An affiliate must not use the names of his/her spouse or relatives, business names, official names of joint stock companies, partnerships, trust companies or third parties with the purpose to avoid performance of the duties in accordance with the above said condition. An affiliate must not induce third parties into buying or selling OJOOO’s products with the purpose to improve his/her position in the rating or to manipulate compensations.
(5) The territorial principle of trade mark protection shall not be applicable in the context of the contract with an affiliate.
Article 11.8
WARNING, PENALTIES FOR VIOLATION OF THE CONTRACT, COMPENSATION FOR DAMAGES AND RELEASE FROM LIABILITY
(1) In the event of the first violation by an affiliate of its obligations, OJOOO issues a written warning with statement of the 10-day time limit for removal of the violation. The affiliate undertakes to compensate the expenses, including the attorney’s fee, incurred as a result of missing the time limit.
(2) According to Clause (3), Article 11.13 OJOOO shall have the right to demand early termination of the contract without prior warning in the event of violation of provisions of Articles 11.5, 11.6, 11.7(3) or (4), a gross violation of the provisions of Article 11.4, or violation of any other provisions of the contract or legislation requirements. Notwithstanding the provisions on early termination of the contract provided for by Clause (3), Article 11.13, OJOOO shall have the right to issue in some cases of violation of obligations (at its discretion) before making the decision on early termination of the contract a warning stating a shorter time limit for removal of a violation according to Clause (1).
(3) If upon expiry of the time limit for removal of the violation as stated in the warning a repeated or similar violation has occurred or the initial violation has not been removed, OJOOO shall impose a fine proportional to the gravity of the violation. A contractual fine shall be considered by the relevant competent court. An affiliate shall be obliged to compensate the expenses incurred for recovery of the fine, including additional expenses for payment of the attorney’s fee for handling the case in the court.
(4) Notwithstanding the provisions on recovery of the fine, an affiliate shall be liable for the damage caused as a result of non-performance or violation of his/her obligations provided for by Articles 11.4 – 11.6 and Clauses (3) and (4), Article 11.7. This rule shall not be applicable if damage has been caused other than through the affiliate’s fault.
(5) If a third party applied to the court in connection with violation of obligations provided for by Articles 11.4 – 11.6 and Clauses (3) and (4), Article 11.7 or in connection with any other violation of legislation requirements by an affiliate, OJOOO shall be released from liability immediately upon request therefrom. In particular, the affiliate shall be responsible for payment of the legal costs, expenses for payment of the attorney’s fee and expenses incurred for compensation for damages.
Article 11.9
PRICE ADJUSTMENT
OJOOO reserves the right, in particular, to change in the event of a change in the market conditions and/or sales structure by the beginning of a new reporting period the prices to be paid by an affiliate or to modify the commission fees, the fee schedule or the fee for use, including, in particular, increase in prices or a change in the commission fee according to the market conditions. Before the change becoming effective, OJOOO shall notify an affiliate thereof and establish a reasonable period for examination of the information. If the price increase exceeds 5% or if the fee schedule is modified in a way that is not beneficial for the affiliate (by more than 10%), the affiliate shall have the right to refuse his consent to the changes and to terminate the contract. If the affiliate has not rejected the changes within two weeks after the notification or has given his express consent to the changes, the changes shall become an integral part of this contract.
Article 11.10
ADVERTISING FUNDS, NON-REPAYABLE PAYMENTS AND DATA PROCESSING
An affiliate may refuse at any time receiving free advertising materials and non-repayable payments.
Article 11.11
PAYMENT PROCEDURE / COMMISSION FEE PAYMENT PROCEDURE AND TERMS / PROHIBITION FROM ASSIGNMENT
(1) Upon achieving the relevant qualification level, an affiliate shall receive the commission fee for his/her activity. The commission fee shall be accrued in accordance with OJOOO’s fee schedule. An affiliate may receive the commission fee in the form of cash or in kind. The parties shall agree upon the kinds of commission fee payments and shall assess both monetary payments and payments in kind, and also payments for third parties’ services on ad hoc basis. The commission fee shall be paid, as a rule, in the form of cash unless otherwise agreed upon by the parties.
(2) OJOOO reserves the right to request from an affiliate immediately before the first payment of the commission fee or provision of services his/her passport and license for entrepreneurial activity. To establish an affiliate’s identity, OJOOO may request at its discretion a copy of the passport or foreign passport together with electric power, gas, water bills or other utility bills for the latest billing period. Such request shall be executed within 2 weeks.
(3) If an affiliate is not registered as a small enterprise in accordance with the sales tax law, the commission fee shall be paid with addition of the value added tax according to the legislation requirements. As long as the parties agree that the affiliate’s activity shall be classified as supplementary activity, he/she shall be considered a small enterprise to which the value added tax is not applicable. If the commercial activity of an affiliate is subject to the value added tax (profit tax) according to tax legislation requirements or if his/her commercial activity goes beyond the figures that are permissible for small and medium-sized enterprises, the affiliate shall be obliged to promptly report that to OJOOO (with statement of the taxpayer registration number and the taxpayer identification number (if any)) and to provide the confirmation from the competent tax authority.
(4) OJOOO shall pay the commission fee and the bills for services only to the accounts that have been verified (for example, in accordance with the Bitcoin account verification procedure) or to the bank accounts opened in the name of the affiliate or the legal entity or partnership with which OJOOO has concluded a contract. OJOOO shall only effect payments to the bank account of a third party subject to a prior written permission. OJOOO shall not effect payments to the account of a third party or a bank account opened in a country other than the country of the counterparty’s registration. If additional expenses for transferring monies to an account in other country or other transaction costs are incurred that exceed the amount of the bank commission fee for transfer of money within the country, such expenses shall be compensated by the affiliate.
(5) OJOOO reserves the right to suspend performance of its obligations under the contract until performance by the other party of its obligations in accordance with the legislation requirements. In addition, OJOOO reserves the right to suspend performance of its obligations related to payment of the commission fee until performance by the other party of its obligations if the other party had not provided immediately before the first payment of the commission fee the documents required by the law, for example, the taxpayer identification number of a legal entity (if any). The parties have agreed that in the event of exercise by OJOOO of its right to suspend performance of its obligations related to payment of the commission fee the affiliate shall have no right to receiving interest for the period of time in which deductions were made from the payable commission fee.
(6) In the event of losing qualification an affiliate shall lose the right to receiving the commission fee. Subsequently, the affiliate may reinstate qualification but the right to receiving the former commission fee will not be reinstated.
(7) If an affiliate does not have sufficient funds to perform his/her obligations to OJOOO, OJOOO reserves the right to withhold the amounts due thereto from the affiliates commission fee in full or in part. The affiliate shall have the right to compensation if his/her counter claims are uncontested or legally valid.
(8) Assignment of an affiliate’s obligations or pledge of an affiliate’s claims shall not be permissible unless otherwise provided for by law. Encumbrance of the contract with third parties’ rights shall not be permissible unless otherwise provided for by law.
(9) An affiliate must promptly check payments of the issued bills and notify OJOOO in the event of any objections. The commission fee shall be accrued in accordance with OJOOO’s fee schedule, which may be requested and examined by the affiliate in his/her personal back office. If any incorrectness or error is found in the commission fees, bonuses or other payments, the affiliate shall be obliged to notify of that OJOOO in writing within 60 days from detecting the fact of erroneous transfer of payments. Upon expiry of the above said period commission fees, bonuses and other payments shall be deemed approved.
(10) Commission fee payments shall be effected on a daily basis at the request from an affiliate in accordance with OJOOO’s payment terms and methods.
(11) OJOOO reserves the right to determine the minimum amount of commission fee payment equal to 20 (Twenty) Euro. If the minimum payment amount is not achieved, the commission fee shall be accumulated in the affiliate’s account and shall be paid in the following month if the minimum payment amount is achieved. An affiliate shall have no right to interest for the period of time in which commission fee payments were not effected.
Article 11.12
BLOCKING THE AFFILIATE’S ACCOUNT
(1) If an affiliate has not provided all of the required documents within 14 days from registration and acceptance of the commission fee payment requirements, OJOOO reserves the right to temporarily block his/her account until provision of the documents. This shall be also applicable to violations related to missing the deadlines determined by Article 11.11(2), violation of the terms of Article 11.11(3) and violations related to non-payment of duties and license fees by OJOOO’s partners. The above said violation shall be deemed ceased at the time of performance of previously omitted legal actions. In the period when the account is blocked the affiliate shall have no right to demand early termination of the contract, compensation for the expenses incurred for acquisition of the starting package and compensation for any other damages. This rule shall not be applicable if the account has been blocked other than through the affiliate’s fault.
(2) The commission fees that have not been paid for the above said reasons shall be accumulated in OJOOO’s system and shall become ineffective upon expiry of the statutory limitation period.
(3) If a reminder is sent of performance of obligations, OJOOO reserves the right to withhold the amount required for sending such reminder.
(4) In addition to the account blocking grounds stated in Clause (1), OJOOO reserves the right to block an affiliate’s account if any serious ground for that exists. In the event of violation of the terms of Articles 11.4 – 11.6 and Clauses (3) and (4) of Article 11.7, violation of the terms of the contract or legislation requirements, or if any serious ground for that exists, in particular, if a violation has not been removed within the time limit for removal thereof stated in the warning, OJOOO reserves the right to block an affiliate’s account without observance of the above said time limit.
Article 11.13
TERM AND CANCELLATION OF THE CONTRACT / CONSEQUENCES OF TERMINATION OF THE CONTRACT / LEGAL PROVISIONS ON PRODUCT RETURN
(1) The contract with an affiliate shall be concluded for a period of twelve months and may be cancelled at any time with giving a notice not later than 30 days before. The contract shall be automatically prolonged for the following twelve months if neither party states its willingness to terminate it. If an affiliate fails to pay the monthly fee for the right of use in accordance with Article 11.3, he/she will receive upon expiry of the time limit for payment reminders in his/her personal back office. If the affiliate has not effected the payment upon expiry of the above said period, this shall be deemed a serious violation, the contract shall be cancelled and the affiliate’s account shall be automatically removed from OJOOO’s system.
(2) In addition to the contract termination grounds provided for by Clause (1), OJOOO reserves the right to cancel the contract if a serious ground exists for that. A serious ground shall be understood as violation of obligations provided for by Article 11.4 if the affiliate has not removed the violation in due time in accordance with Article 11.8(1) or a repeated or similar violation has occurred after removal thereof. In the event of violation of provisions of Articles 11.5, 11.6, 11.7 (3) and (4), a gross violation of provisions of Article 11.4 or violation of other provisions of the contract or legislation requirements, OJOOO shall have the right to demand early cancellation of the contract without prior warning. A serious ground for cancellation of the contract shall be understood as violation of provisions of Articles 11.11(2) and (3) or failure to meet the deadlines for performance of the requirements after blocking the account in accordance with Article 11.12(1). Another serious ground for cancellation of the contract shall be bankruptcy proceedings with respect to a party of the contract or refusal due to insufficiency of the bankruptcy assets, insolvency of a party or enforcement of the court judgment on recognizing a party insolvent. The right to demand early cancellation of the contract shall be valid without prejudice to any other claims.
(3) After cancellation of the contract the affiliate must not use domain names that contain the designation “OJOOO” or OJOOO’s business names and trade names. The domain names, if the use thereof was authorized by OJOOO, must be returned to OJOOO upon request subject to compensation for the expenses. The above stated conditions shall be also applicable to the business names, trade marks and trade names that belong to OJOOO on the ground of the exclusive right of use of intellectual activity results.
(4) In the event of early termination of the contract with the shortest possible term, return of the fees in accordance with Article 11.3(1) and (2) is not provided for. This rule shall not be applicable if an affiliate has cancelled the contract for an especially important reason.
(5) After cancellation of the contract in accordance with the ordinary procedure, the affiliate may get repeatedly registered in OJOOO’s system through any other sponsor. In the event of repeated registration, at least 6 months must expire from receiving the notice of termination of the contract in accordance with the ordinary procedure. In that period of time the affiliate shall have no right to conduct any commercial activity on behalf of OJOOO.
(6) An affiliate shall have no right to demand after termination of the contract compensation for the commission fees and costs related to the commercial activity of a trade representative, since the affiliate is not OJOOO’s trade representative according to the Commercial Code provisions.
(7) If an affiliate uses OJOOO’s services that are not covered by the contract with the affiliate, then in the event of cancellation of the contract all related to such services shall remain effective unless the affiliate refuses such services. If the affiliate continues using OJOOO’s services after cancellation of the contract, it shall be treated as an ordinary client of OJOOO.
Article 11.14
RELEASE FROM LIABILITY
(1) OJOOO shall be liable for the damage caused to life and health and also in the cases of criminal negligence offences, intentional causing harm or intentional violation of contractual obligations by OJOOO, its employees or its authorized representatives (for example, violation of the obligation to pay the commission fee). The conditions set forth above shall be also applicable to the damage caused as a result of violation of obligations in the period of negotiations on conclusion of the contract or as a result of unlawful actions. This provision shall not be applicable to any other cases of causing harm.
(2) Liability, except for liability for the damage caused to life and health and also in the cases of criminal negligence offences, intentional causing harm or intentional violation of contractual obligations by OJOOO, its employees or its authorized representatives, shall cover the forecast damage that is typical of the contracts of this kind and shall be limited with the average amount of the damages that is typical of the contracts of this kind. This condition shall be also applicable to indirect damages and to loss of profit.
(3) OJOOO shall not be liable for any damage that has occurred as a result of loss of data on a server, except for the cases of criminal negligence offences or intentional causing harm by OJOOO, its employees or its authorized representatives. An affiliate’s data kept in the memory shall be deemed extraneous information according to the law on audiovisual information facilities.
(4) The provisions of the law on product quality liability shall apply.
Article 11.15
TRANSFER OF THE COMPANY TO TRUST / TRANSFER OF OWNERSHIP INTERESTS
(1) OJOOO reserves the right to transfer the company to trust by the successor company, which shall continue management of the company’s affairs (the subject of this contract) on the same terms and shall assume the company’s rights and obligations under the contract.
(2) If an affiliate is registered as a legal entity or a partnership, he/she may transfer his/her rights and obligations in the context of his/her sales structure to a third party only on condition of observance of the terms of the contract.
(3) If an affiliate who is registered as a legal entity or a partnership intends to admit a new member to the company, this shall be only permissible on condition that the members of the company who have submitted an application for admission of the new member to the company do not withdraw from the company. A member who intends to withdraw from the company registered as a legal entity or a partnership or transfer his/her ownership interest to a third party must submit a written application prepared by a notary. Withdrawal of a member from the company and transfer of an ownership interest shall be effected in accordance with the terms of this contract and Clause (2) of the General Terms of Transactions with affiliates. An administrative charge in the amount of 25.00 Euro shall be paid by the members for processing the above said application. In the event of violation of this condition OJOOO reserves the right to cancel the contract with the affiliate registered as a legal entity or a partnership.
Article 11.16
DEMERGER / LIQUIDATION OF AN AFFILIATE’S COMPANY
An affiliate registered as a legal entity or a partnership shall have the right to liquidate, demerger or transform its company only if at least one member remains in the company. The members of the company in liquidation must come to agreement concerning the person who shall continue management of the company’s affairs and notify of that OJOOO in writing. If the members cannot come to agreement on the consequences of liquidation, demerger or transformation of the company that is an affiliate of OJOOO, OJOOO reserves the right to cancel the contract before expiry if such dispute entails negligence of official duties, violation of the General Terms of Transactions with Affiliates, violation of legislation requirements or unlawful restriction of the rights of lower- and higher-level distributors.
Article 11.17
FEE SCHEDULE TERMS
(1) The OJOOO’s fee schedule and its terms shall be an integral part of the contract with an affiliate. An affiliate shall be obliged to observe the terms of the fee schedule in its current version.
(2) Submitting an application to OJOOO, an affiliate understands the fee schedule terms that are an integral part of the contract and agrees with the same.
(3) OJOOO reserves the right to change the fee schedule terms at any time. OJOOO shall notify an affiliate of changes and establish a reasonable period for examination of the information. An affiliate shall have the right not to give his/her consent to the changes unless he/she has expressly stated his/her consent to making the same. In the event of disagreement with the changes, the affiliate shall have the right to cancel the contract not later than the date on which the changes become effective. If the affiliate has not cancelled the contract within four weeks from the date of the changes becoming effective, he/she shall be automatically deemed having agreed with the same.
Article 11.18
CONSENT TO USE OF PHOTOGRAPHS AND AUDIOVISUAL MATERIALS
An affiliate shall provide to OJOOO personal photographs and/or audiovisual materials, voice records, statements and citations within the scope of the affiliate’s official functions with the right of gratuitous use. Signing the contract with OJOOO, the affiliate understands the General Terms of Transactions and product delivery terms and unconditionally agrees therewith and also permits use, publication, modification and dissemination of such personal audiovisual materials, voice records, statements and citations. The affiliate shall have the right to revoke such consent. In the event of such revocation, OJOOO shall be obliged to cease the use of such materials within a month.
Article 11.19
DATA PROTECTION
(1) The confidentiality provisions set forth below shall prevail over the OJOOO’s confidentiality provisions, which shall be considered supplementary provisions. An affiliate may request such provisions and examine them in his/her back office.
(2) OJOOO shall use personal data of its affiliates (for example, name, surname, address, telephone number, fax number, e-mail, banking details) required for implementation of the contract or for effecting settlements in conformity with the personal data protection law of the Federal Republic of Germany. OJOOO shall gather, process and use only the personal data provided by an affiliate in the application form and shall not develop users’ behavior models.
(3) OJOOO shall have the right to provide to third parties (for example, to an accountant or to providers of payment services) affiliates’ personal data required for effecting settlements, payment of the commission fee, provision of marketing materials or product materials, and for performance of obligations under the contract.
(4) An affiliate shall have the right not to give his/her consent to provision of personal data to third parties. He/she shall send his/her statement of refusal to affiliate@ojooo.com.
(5) In all other cases OJOOO shall have the right to provide affiliates’ personal data to third parties only on condition of prior written consent unless otherwise provided for by law or at the request from law enforcement bodies for provision of confidential information.
(6) Upon cancellation or completion of the contract, including payment of the costs, personal data shall be removed from the system, except for the data that has been provided for further use by agreement of the parties, if no legal provisions exist that determine the duty of retaining business documentation.
(7) If a partner of OJOOO needs additional information concerning storage of personal data in the system memory or would like to remove, block or change his personal data, he/she shall contact the OJOOO’s employee responsible for personal data protection.
Article 11.20
LIMITATION PERIOD
Any claims of the parties to the contract shall become invalid upon expiry of 6 months from the date on which the court judgment recognizing the claim became final provided that the person who has the right to assert a claim understands the circumstances that justify his/her claim or does not understand such circumstances due to his/her gross negligence. The law provisions determining a longer limitation period shall apply.
Article 12
EXPLANATION OF THE RIGHTS IN THE EVENT OF REPUDIATION OF THE CONTRACT
Right of repudiation of the contract
If you are a consumer and the contract was made with the use of electronic communication facilities (contract of retail sale and purchase made by way of distance sale), you may revoke your statement of readiness to sign the contract within 14 days in writing (for example, by a letter, fax or e-mail) without giving reasons. The above said period shall run from receiving this written explanation but not earlier than the time of conclusion of the contract and proper performance of the information provision obligation by the user.
Statement of repudiation of the contract shall be sent to the following address:
Ojooo AG,
Am Kaiserkai 69,
20457 Hamburg,
Deutschland.
Sitz der Gesellschaft: Hamburg
Registergericht: Amtsgericht Hamburg
Registernummer: HRB 106740
USt-Id. Nr.: DE266471046
Consequences of repudiation of the contract
In the event of legally valid repudiation of the contract, the monies received by the parties shall be returned and the right of use shall be transferred to the holder under certain conditions. If you are not able to return the received product (service) in full or in part, or if the condition of the product has deteriorated, you shall be obliged to compensate the price of the product (service). In such case, you shall be obliged to perform the contractual payment obligations for the period until repudiation becoming effective. In the event of return of the product, this provision shall not apply if deterioration of the condition of the product has been established by way of an examination similar to that carried out in retail stores. In addition, you shall not be obliged to compensate the price of the product that has been used in accordance with its intended purpose for the reason of deterioration of its condition of you do not use such product as your own property and do not take any actions that may decrease the value of the product. You shall be obliged to send back the items that may be delivered in a parcel. Our company is responsible for delivery of the goods. You shall be obliged to pay the expenses related to return of the products if the delivered product corresponds to the ordered one and if the price of the product to be returned does not exceed 40 Euro, or, if the price exceeds 40 Euro but you have not yet performed your obligations or have not paid a portion of the amount payable by the time of return. In other cases delivery of products shall be free of charge. The items that cannot be delivered in a parcel will be picked up by a courier. The parties must perform their respective obligations related to return of monies within 30 days. For you, this period shall run from the time of sending the statement of repudiation of the contract or refusal of the parcel and for us from the time of receiving the same.
Special instructions
The right of repudiation of the contract shall terminate before expiry in the course of implementation of the contract by agreement of the parties. If we deliver products manufactured in accordance with your technical or personal requirements (for example, registration of a domain name in accordance with the client’s requirements), you shall have no right to return the same. In addition, you shall have no right to return software that was provided on a digital media if the package thereof is opened.
Return of monies
Return of monies shall take place after deduction of the expenses (domains, provision of own website). In addition, the earned commission fee amount shall be recalculated.
Explanation of the rights in the event of repudiation of the contract is finished.
Model form of the statement of repudiation of the contract
(If you want to repudiate the contract, please complete the form below and send it to us.)
To:
Ojooo AG,
Deutschland.
E-mail: administration@ojooo.com
I/we (*) hereby repudiate the contract I/we (*) have concluded for sale and purchase of the products listed below (*) / provision of the services listed below (*)
X
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
X
________________________________________________________________
Your identification number (if any; enter the name of the user, e-mail and product number)
X
_________________________________________________________________
Order date (*) / Delivery date (*)
X
_________________________________________________________________
Client’s name (clients’ names)
X
_________________________________________________________________
Client’s address (clients’ addresses)
X
__________________________________________
Date/ Client’s signature
(only if hard copy documents are submitted)
(*) delete as appropriate
Attention!
The data marked with (X) shall be stated completely, correctly and unambiguously. Otherwise, repudiation of the contract shall be deemed ineffective.
Article 13
DATA PROTECTION
Ojooo WAD shall gather, process and use personal data of users without the personal data subject’s consent only if such data is necessary for implementation of the contract, substantiation to making a transaction under the contract, or effecting settlements.
Ojooo warns the users that their data in open networks such as Internet cannot be protected in full using the currently available technical solutions. The user understands that the provider may view at any time the users’ data stored on web servers. In addition, from the technical viewpoint, other users also can unlawfully intrude into the network security systems and control information exchange systems. The user shall be personally liable for preservation and safety of the data kept thereby on web servers.
Article 14
CANCELLATION OF THE CONTRACT
Contractual relations have been established for an unlimited duration. The contract may be cancelled by the user or by Ojooo WAD at any time subject to giving a 14 days’ notice.
Article 15
WRITTEN FORM, GOVERNING LAW AND ARBITRATION
Any statements related to contractual relations with Ojooo WAD shall be sent in writing to the address stated in the output data or to the company’s e-mail. The parties have agreed that all disputes and differences in the context of contractual relations with companies shall be settled in accordance with the applicable law of the Republic of Germany. As regards contractual relations of Ojooo WAD with other companies, settlement of disputes shall be within the jurisdiction of the courts of the Republic of Germany
