Provider Terms and Conditions Viafix

These Provider Terms and Conditions entail a license and its terms to use the Application, as agreed upon between you (the Provider, as defined below) and Viafix. Your acceptance of these Provider Terms and Conditions is necessary before you can use Viafix’ Application and offer your Offers to individual Users (as defined below).

 

Account                                   the personal environment of Provider, accessible through the Website, to which the Provider obtains access after entering his Login Details;

Advertisement Offering:           the non-committal information regarding one or more featured product(s), service(s), request(s) and/or Giveaway(s), submitted by Provider to the Application and on the basis whereof i) a Viafix-code is generated and ii) the User – whether or not after scanning a Viafix-code – can submit a Request;

Agreement:                                 the agreement between the Provider and Viafix, on the basis of which the Provider can use the Application and to which these Provider Terms and Conditions apply;

Application:                             the remotely accessible mobile/web application and all underlying technical infrastructure, developed by Viafix and by means of which the Provider, amongst other things, can manage its contact information, upload its Content, as well as download Requests and view Reports;

Content:                                  all information, data, video’s, photo’s, weblinks and other materials provided, changed or uploaded by the Provider into its Account, which include Advertisement Offerings, Product feeds and Polls;

Credit:                                         the digital currency which can be purchased by the Provider through the Application. The Provider can use this currency to pay for the downloading of Requests;

Giveaway:                               an Advertisement offering regarding a contest or lottery organized by Provider, to which a User is referred after scanning or manually inserting a specific Viafix-code, and in which contest or lottery the User can participate free of charge and win a Prize, whether or not after a Transaction regarding a specific, free Offer is established;

Intellectual Property Rights:     all intellectual property rights and related rights such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and neighboring rights, as well as rights to know-how;

Login Details:                          the combination of the username and password as submitted by the Provider when entering into the Agreement, with which the Provider gains access to its Account;

Offer:                                          a proposition offered by the Provider to Users via the Application, as well as all information related thereto, in order for Users to base an Request on, which proposition forms a part of either the Advertisement Offerings or the Product feed. Offers are always non-committal;

Party/Parties:                           Viafix and/or Provider;

Poll:                                         an opinion poll or survey, which is published by the Provider in the Application and in which a User can participate in order to give and directly compare with others an opinion, after scanning or manually inserting a Viafix-code;

Prize:                                       any free of direct costs award a Provider offers to Users competing in a Giveaway;

Product code:                          a (bar) code located on a product or its packaging which a User – after scanning or manually inserting the code – can use to search for an Offer in a Product feed in the Application;

Product feed:                          the non-committal list of goods and/or services with information like Product codes, descriptions, visuals, pricing, estimated delivery times and terms and conditions, placed in the Application by the Provider for Users to look for Offers and make Requests.

Provider:                                  the legal entity that enters into this Agreement after acceptance of the Provider Terms and Conditions;

Provider Terms and Conditions:  these terms and conditions;

Publisher:                                   a Provider that has indicated to be a ‘publisher’ during the creation of its Account and can, after being granted permission by Viafix, view Reports of affiliated Providers in its Account, in accordance with Article 7;

Report:                                    an automatically generated overview, visible in the Provider’s Account, in which overview the Provider can view data regarding the use of Viafix-codes by Users;

Request:                                 the request of a User to make use of an Offer of Provider;

Transaction:                                the binding agreement between a Provider and a User, which comes in effect after the acceptance by Provider of a Request placed by User, and on the basis of which Provider is held to provide the Offer to User in accordance with its (delivery) terms and conditions, whether or not against payment;

User:                                       the person, whether or not acting on behalf of a third party if entitled to do so, a third party possibly also being a legal entity, that makes use of the Application and can in that respect view Offers, submit Requests, take part in Giveaways and answer Polls, whether or not after scanning or manually entering a Viafix-code or Product code;

Viafix:                                     the provider of the Application, being Viafix Nederland B.V., a limited liability company incorporated under the laws of The Netherlands, having its registered office at (2596 AL) The Hague, on Zuid Hollandlaan 7;

Viafix-code:                            a promotional code or keyword automatically generated after submitting an Advertisement Offering, which directs a User – after scanning or manually entering the code in the Application - to a Poll, a Giveaway or specific Offer in the Application;

Website:                                  Viafix’ website, available at www.viafix.com, and all underlying subpages.

 

 

 

 

 

 

  1. it shall send the Prize(s) to the winning User(s) within two weeks after announcing the winners of said Prize(s);
  2. the Prize(s) it sends to the Users substantially comply with the description of the Prize(s).

Provider indemnifies Viafix against all claims of Users and third Parties that arise due to the failure of the Provider to meet the aforementioned warranties.

 

  1. it has the full legal power and authority to enter into the Agreement and use the Application under the conditions as set out in these Provider Terms and Conditions;
  2. it has the full legal power and authority make the Content available through the Application and provide the license as mentioned in article 3;
  3. it is the sole owner of (Intellectual Property Rights in) the Content and/or that it has obtained valid licenses from third parties to make the Content available through the Application and provide the license as mentioned in article 3;
  4. the Content is correct, complete, unencumbered and not limited or restricted by any third parties’ rights, including Intellectual Property Rights;
  5. the Content is not infringing upon any third parties’ rights, including Intellectual Property Rights, and that the use of the Content is not in any other way unlawful towards third parties;
  6. the Content gives a correct representation of the offered products or services and are used and/or presented in accordance with applicable law and legislation;
  7. all information, data and any Content provided is correct, complete and up-to-date; and
  8. it will not make or enter into any agreement with any third party which would cause a breach or a default under the Agreement, including these Provider Terms and Conditions.

 

 

 

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