Scope and Definitions
We appreciate your interest in being part of the yamuntu community. The following terms and conditions for users (hereinafter, the "Terms and Conditions for Users") and terms and conditions for business partners (hereinafter, the "Terms and Conditions for Partners") govern the use of and access to the yamuntu platforms and any collaboration (hereinafter, the "Parties").
This refers to: the web application, the mobile application and the website of yamuntu GmbH (www.yamuntu.com
). In the following also referred to as "yamuntu".User
Only persons who are consumers are deemed to be users. According to § 13 BGB (German Civil Code), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. In contrast, an entrepreneur according to § 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. The GTC of yamuntu GmbH shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the User shall only become part of the contract if and insofar as the organiser has expressly agreed to their validity.
Business partners are shops, marketplaces, influencers, service providers and all other legal entities that have entered into a written or verbal agreement with yamuntu.
A campaign is a time-limited, contractually defined cooperation between yamuntu and the business partner. This may include promotions such as special cashback, extra discount, competitions and surveys. All specific contractual points can be found in the individual agreement. Contractually stipulated measures, regulations and other points override these GTC.Shop placement
A shop placement is a longer-term, possibly time-limited, contractually defined cooperation between yamuntu and the business partner. The business partner is shown on the yamuntu platforms as a partner shop. All specific contractual points are reflected in the individual agreement. Contractually stipulated conditions override these GTC.
Cooperation means the participation of the user in the cashback programme of yamuntu. This includes the following steps:- Selection of one of the partner stores- Purchase of an article/several articles through the yamuntu app (excluding the articles obviously excluded on the respective partner sites)- Receipt of the article- Posting of a story on Instagram or a reel on TikTok- Review of the story/reel by our customer service- Sending of the cashback via PayPalAll these steps are necessary to grant a successful participation in the cashback programme.
The Responsible Party
The following General Terms and Conditions (hereinafter referred to as "Terms and Conditions")apply to all business relations between
Local Court Hamburg HRB 157710
VAT number: DE 326096477
Represented by: Woundioun Sissoko, Martin Westphal(hence also "we") our customers and our partners, collectively also referred to as "the parties".
Subject matter of the contract
Terms and Conditions
These general conditions are applicable to all parties. By using the yamuntu platforms, the respective party agrees to the general terms and conditions. Individual agreements made with the respective party in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. A written contract or our written confirmation shall be authoritative for the content of such agreements.
GTC for Business Partners
A valid contract is only concluded if the business partner is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law. The business partner undertakes not to transmit any contents containing viruses, Trojans or other programming which may damage the system of yamuntu. In case of violation, the business partner shall be immediately excluded from participation in the yamuntu platforms. The business partner shall compensate us for any damage caused to us by any culpable violation of the above obligations. Direct service relationships exist between the parties with regard to the rights and obligations of the individually concluded contract. yamuntu assumes no liability and no guarantee for the implementation of the mediated cooperations and campaigns. The parties may assert claims arising from the cooperation brokered by yamuntu exclusively against the opposing party. No claims shall arise against yamuntu from the mediated contractual relationship. A claim to any counter-performance for the business partner shall then not arise. The same shall apply in the event that yamuntu only subsequently learns of a breach of the conditions by the business partner. In this case, yamuntu expressly reserves the right to demand the return of the remuneration already received by the business partner.
GTC for Users
You truthfully fill in the required fields in the registration form, which asks for personal information such as name, and email address and/or Instagram or TikTok account. You are solely responsible for the security of your password. It is not permitted to pass on your password to third parties. If your password becomes known to third parties, you are responsible for changing your password immediately. You undertake not to transmit any content containing viruses, Trojans or other programming that could damage our system.
Create a cooperation
To create a successful cooperation, you must:create only one account on yamuntu, have at least 100 followers, use your private main account, which is set to public at least during the entire duration of the cooperation, do not post or share obscene, illegal or discriminatory content, always present yamuntu and our business partners in a positive and exclusively positive light, have made the purchase via yamuntu, position the sticker of the selected partner store clearly visible on your picture or video, have your story/reel online for at least 24 hours, upload the proof of purchase within 14 days after the purchase,do not post or share one or more items within the applicable partner store period. your story/reel has been online for at least 24 hours, you upload your proof of purchase within 14 days of purchase, you do not return one or more items within the partner's applicable return periods.
Deleting your User Profile
Your created content & copyright
Violations and Complaints
yamuntu shall only be liable in the cases provided for by mandatory law, e.g. for intent and gross negligence as well as in the case of personal injury. However, yamuntu shall only be liable for slight negligence in the event of a breach of material contractual obligations. The liability shall be limited to the damage typical for the contract, which yamuntu had to expect at the time of conclusion of the contract due to the circumstances known at that time. Furthermore, yamuntu shall be liable without limitation for damages for which mandatory statutory provisions apply. The user is obliged to indemnify the business partner for damages arising in connection with deals and consideration. yamuntu shall not be liable for damages arising in connection with the use of a consideration. The limitations of liability shall also apply accordingly to our vicarious agents. Any further liability of yamuntu shall not exist, in particular yamuntu shall not be liable for any damages in connection with the counter-performance as well as for contents posted by the business partners or influencers, provided that yamuntu does not make these its own by passing them on. yamuntu shall in particular not be liable for the lack of labelling of the delivered contents as advertising or continuous advertising broadcast. The User shall be liable to yamuntu for breaches of his obligations under this contract.
These T&C have been drafted in both German and English. In case of doubt the German version shall be binding.(1) Place of jurisdiction shall be Hamburg.(2) German law shall be applicable.(3) This contract of employment has been drafted in both German and English. In case of doubt the German version shall be binding.