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").
yamuntu Platforms
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".
UserOnly 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 partner
Business partners are shops, marketplaces, influencers, service providers and all other legal entities that have entered into a written or verbal agreement with yamuntu.
Campaign
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.
Collaboration
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
yamuntu GmbH
Kampstraße 7
20357 HamburgGermany
Tel.: 015238417030
E-Mail:
ilove@yamuntu.com (Customer Support)
Website:
www.yamuntu.com
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
yamuntu is a social commerce platform with the aim to offer you a possibility to discover new trends, to be inspired by other users and to be sponsored by your favourite brands by means of cashback. You will receive the mentioned cashback if you successfully complete a cooperation. This creates organic reach for our partners while you, the user, receive cachback. The following terms of use are intended to govern the terms and conditions that apply to the active exchange and management of information provided through the platform and services offered by yamuntu. Reference is made to the separate privacy policy. As a platform provider, we exclusively offer a place for the publication of cooperations between our business partners and users and are therefore not a contractual party and/or debtor of an offer and its associated performance promises.
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
General Information
Whenever you use the yamuntu platforms, you are obliged to comply with and accept the rules laid down in these GTC and the respective campaigns. If you violate these rules, you may be excluded from using the yamuntu platforms with immediate effect. In addition, we reserve the right to assert claims for damages. You accept these terms and conditions (including our privacy policy) by registering on the yamuntu platform.
Your Account
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.
In the event that you are under 18 years of age, we reserve the right to request the express permission of your parents or legal guardian and, in case of doubt or non-submission, to deactivate your user profile. You warrant that all data relating to the identity and legitimacy that you have provided to us in the registration form on the Platform is true, accurate and complete. You also undertake to update the data at any time. In the event that you provide false, inaccurate or incomplete data, or if we doubt the truthfulness, accuracy or completeness of such data, we may deny your access and current and future use of the Platform and delete your user profile. If you have registered through a social network account or internet service, you accept the validity and effectiveness of all communications sent by yamuntu to that account. The social network account information you use to access the Platform (typically username, password and email address) is strictly confidential, personal and non-transferable (collectively, the "Access Information"). You agree not to disclose the Access Data or make it available to any third party. Because we cannot guarantee the identity of registered users, you are responsible for the use of the Access Data in connection with third parties, including results obtained on or through the Platform or other actions taken through the Access Data. You are obliged to report the theft, disclosure or loss of the access data to us immediately by sending an e-mail to our Customer Service. Once registration is complete, you may go to your profile and complete and/or edit it as he sees fit, provided that the actions comply with these Terms of Use.
Deleting your User Profile
To delete your User Profile, you may contact our Customer Service Team at any time and request deletion. We may suspend or terminate you (and accordingly choose whether to suspend or terminate the Contract) (i) with immediate effect if the User fails to comply with any requirement of the Terms of Use or (ii) with immediate effect if we cease to provide the Services offered on the Platform or (iii) if you have not been active for a period of more than 6 months (iv) at any time and without cause. In the event of termination, the User agrees to (a) destroy all copies he/she has of the implementation in the Platform and (b) discontinue use of the Platform. In addition, access to the User's account and all Content will be disabled and the Content will be removed unless there are retained backup copies (used solely for data recovery or "backups" and legal defence in the interest of yamuntu).
Your duties
You are solely responsible for the access and appropriate use of your profile and other content on the Platform, subject to legislation, whether national or international, and to the principles of good faith, morality, good customs and public order. You agree to these principles specifically and without limitation in order to properly comply with the Terms of Use. You agree not to use your profile and the Content left behind and the Services of the Platform for any purpose or effect other than (a) sharing photos, opinions and your purchasing decisions on clothing, accessories and other items or (b) acting in any way that is unlawful or harmful to the rights and interests of others, or to harm, disable, interfere with or jeopardise the Platform, the Content and the Services. You are also prohibited from using the Platform in any way that interferes with the normal functioning of the Platform or the normal use or enjoyment of the Platform by other Users. You hereby agree to the following (including but not limited to):To provide accurate and updated information in any communication to yamuntu or any content or information provided to the PlatformNot to use personal data, either that of the user or that of third parties, which includes strictly confidential information, relating to identified or identifiable individuals such as: ethnic origin; trade union membership; religion, ideology or sexual orientation; health data; or data relating to criminal records, legal proceedings or sanctions, as well as fines resulting therefrom or breaches of payment obligations.Not to use false identities or impersonate anyone when using the Platform, nor use any services thereof.
Not to use the Platform for any illegal or unauthorised purpose. Not host, store, disclose, publish, distribute or share any content that could involve unlawful interference or a violation of any kind of fundamental rights relating to the honour, image and personal and family intimacy of third parties, and especially minors.Not post, store, disclose, publish, distribute or share any content that could involve unlawful interference or a violation of any kind of fundamental rights relating to the honour, image and personal and family intimacy of third parties, and especially minors. Not post on yamuntu comments or information that are illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, confusing, fraudulent or in any way contrary to morality or public order.- Not alter or modify the platform, either in whole or in part, by preventing, disabling or manipulating functions or services of the same.Comply with the privacy policy and not violate the rules that govern the protection of personal data. Not to upload, store or transmit through the Platform any content that infringes industrial and/or intellectual property rights or confidential information of third parties, or, in general, any content that does not grant, within the meaning of the law, the right to make the content available to third parties.Not to use the Platform to harm the image of other users, to defame, intimidate, disrespect or harass other users.Not to use the Platform to infringe the intellectual property rights of other users, or, in general, any content that does not grant, within the meaning of the law, the right to make the content available to third parties.Not to use the Platform to infringe the image of other users, to defame, intimidate, disrespect or harass other users.Not to use the email accounts of other users.Not to introduce, store or transmit any programs, data, codes, computer viruses, corrupted files through the Platform, nor to install any other electronic or fixed device that may cause damage or alteration to any computer, network, content or system of yamuntu or other users or third parties. Not destroy, alter, misuse, disable or violate any data, information, programs or electronic documents of yamuntu, its users or third parties.Not send e-mails to other users for commercial purposes or provide e-mail addresses to third parties without the consent of the relevant users.Not make fraudulent use of the Cashback Programme to generate revenue through false sales, either through false users or in any other form of suspicious behaviour.Not to make fraudulent use of the Cashback Programme to generate revenue through false sales, either through false users or in any other form of suspicious behaviour.
To comply at all times with the advertising regulations, the administrative regulations and the self-regulation of advertising, and also not to make "influencing" comments that violate the legal competition rules.Those users who violate these obligations will be liable for any loss or injury that may have occurred. To the fullest extent permitted by applicable law, yamuntu will not be liable for any consequences or damages arising from such access or unauthorised use by third parties. Access to the Platform may be denied by us to users who in any way breach the obligations or circumvent these Terms of Use or any other legal text included in the Platform, such as the Privacy Policy.
Your created content & copyright.
You grant us an exclusive, perpetual right to use the content you create, including any text, images and/or footage. Excluded from the exclusivity is your right to publish the posts created in the collaboration on your other social media channels. You grant yamuntu all rights to use and exploit the content, including the right to publish, upload to review portals and internet directories, publish on your own websites and social media channels, including unannounced reposting, and use a post for a business partner's social media presence. You allow us the further use and exploitation of the content without any temporal or spatial restrictions. You also allow us to grant sub-licences to the extent described here to the respective business partners. Furthermore, you are obliged not to use any photos, graphics, videos, texts or other materials in the production whose content or use is punishable by law or otherwise violates criminal law. This includes in particular photos, graphics, videos, texts or other materials whose content is offensive, inciting, pornographic or extremist. In the same way, you are obliged not to make any offensive, inciting, pornographic or extremist statements. Should you violate any of the aforementioned obligations, we reserve the right to withdraw from the contract. You shall indemnify us against all claims of third parties based on a breach of your aforementioned contractual obligation. You will indemnify us for any loss or damage suffered by us as a result of your breach of any of the foregoing obligations.Our Rights & ResponsibilitiesWe reserve the right to terminate your access to the Platform, at any time and without notice, either for technical reasons, or for reasons relating to security, control, maintenance, power failure or any other reason. Notwithstanding the foregoing, we reserve the right, at any time and without notice to users, to block, withdraw or not publish any content that the Company, in its sole discretion, deems inappropriate or that violates these Terms of Use, the law or the rights of third parties.
Violations and Complaints
You may notify us at any time through our Customer Service if you believe that another user is violating the Terms of Use. Customer Service will investigate your report as soon as possible and take such action as the Company deems appropriate, subject to the right to withdraw and/or block any User from the Platform for violating these Terms of Use. We also reserve the right to withdraw and/or block any Content that the Company deems illegal or offensive without prior notice or subsequent communication.
Liability
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.
Miscellaneous
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.
