Customer Terms and Conditions
THESE ARE THE TERMS AND CONDITIONS THAT WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND TELLJA WHEN YOU CHOOSE TO RECOMMEND A PRODUCT USING THE TELLJA WIDGET. IT IS VERY IMPORTANT THAT YOU READ THEM CAREFULLY AND UNDERSTAND THEIR CONTENTS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS PLEASE DO NOT SUBMIT ANY INFORMATION USING THE TELLJA WIDGET.
I. GENERAL PROVISIONS
1. SCOPE / DEFINITIONS:
1.1 Advertiser means a company which integrates the Tellja Widget on its website to generate new customers through your recommendations.
1.2 Customer/you means a natural person or a legal entity who gives a recommendation for the Advertiser through the Tellja Widget provided by Tellja on the Advertiser’s website to a third party.
1.3 Provisionally Successful Recommendation means the completion by the subject of a Customer’s recommendation of a transaction for the purchase of recommended goods or services from the Advertiser as evidenced by the correctly installed Tellja tracking code on the Advertiser’s website so that Tellja is able to correctly measure a customer’s referral to another customer and then a subsequent transaction within a time-frame set by the Advertiser.
1.4 Reward means the product, voucher, monetary compensation or equivalent offered by the Advertiser to the Customer in return for Successful Recommendations. The type and value of the Reward is determined by the Advertiser and the provision of such Reward is subject to the Advertiser’s standard terms and conditions.
1.5 Successful Recommendation means a Provisionally Successful Recommendation which has become a Successful Recommendation following automatic or manual confirmation by the Advertiser that a transaction for the purchase of goods or services from the Advertiser has been completed by the subject of the Customer’s recommendation.
1.6 Tellja/we/us means Tellja GmbH, of Solmsstraße 12, 60486 Frankfurt am Main, Germany. Telephone: +49 (0)69 8700 429-0. Email: service@tellja.de. Tax ID/ USt-IdNr.: DE 247095963
1.7 Tellja Widget means the tool, provided by Tellja and placed by the Advertiser on its website, with which the Customer can give third parties a recommendation for the products or services of the Advertiser.
1.8 Terms means these Terms and Conditions.
2. HOW THE TELLJA RECOMMENDATION SYSTEM WORKS
2.1 By entering the contact details of a third party in the appropriate field of the Tellja Widget, the Customer confirms that he or she:
2.1.1 agrees to be bound by the terms and conditions contained in this document; and
2.1.2 has obtained the consent of that third party to provide their details in such a manner. The Customer agrees that it shall not provide the contact details of any party from whom consent has not been obtained.
2.2 Once the third party’s contact details have been entered, an email is automatically sent from the Customer to that third party indicating a recommendation for a particular product or service available from the Advertiser, together with a link to the recommended product or service. Such email will contain Customer’s full details.
2.3 If the third party then makes a purchase of the recommended product or service, and the third party purchase is detected by the Tellja tracking code installed on the Advertiser’s post-transaction (or similar) webpage, then the Customer’s recommendation shall be classified a Provisionally Successful Recommendation.
2.4 Once the Advertiser has confirmed a Successful Recommendation, the Customer shall become entitled to receive the Reward.
2.5 Rewards are supplied by the Advertiser, subject to the Advertiser’s standard terms and conditions, but if you have a problem please contact us and we will do our best to follow this up with the Advertiser.
3. PRIVACY POLICY
3.1 Tellja processes personal data in accordance with the Tellja Privacy Policy which can be found at http://www.tellja.co.uk/data-privacy-policy.html.
4. TELLJA’S OBLIGATIONS
4.1 Tellja shall use reasonable endeavours to ensure that the Tellja Widget, Tellja’s website and any additional functionality of the Tellja website provided to the Customer pursuant to clause 6 below, are available at all times.
4.2 In the event that the Tellja Widget, Tellja website or any additionally functionality provided pursuant to clause 6 are unavailable, Tellja shall use reasonable endeavours to restore the availability as soon as possible.
5. CUSTOMER’S OBLIGATIONS
5.1 Customer confirms that he or she is over 18 years of age, and that the person he or she sends a recommendation to is also over 18 years of age.
5.2 Any claims for Rewards based on Successful Recommendations to third parties who have not provided their prior consent to the Customer may be withdrawn by Tellja or the Advertiser.
5.3 The Customer shall at all times use the Tellja Widget in a reasonable manner and shall not do anything which could endanger the economic interests of the Advertiser or Tellja.
5.4 The Customer shall comply at all times with the standard terms and conditions of the Advertiser so far as these apply to the Customer.
6. MULTIPLE RECOMMENDATIONS – Power Referrer Portal
6.1 A Customer may request or be invited to access the Tellja Power Referrer Portal, or once a Customer has made at least two Successful Recommendations via the Tellja Widget (irrespective of the identity of the relevant Advertisers on whose website the Tellja Widget appeared) the Customer shall receive an email from Tellja providing log-in details which will allow them to access the POWER REFERRER PORTAL. The Tellja Power Referral Portal contains certain functionality on the Tellja website through an individual account, including:
6.1.1 information relating to statistics on recommendations given by the Customer, including related time, recipients, advertisers, rewards and success rate of recommendations.
6.1.2 the ability to make further recommendations to third parties in relation to products they have previously recommended, directly from the Tellja website;
6.1.3 the ability to create an “address book” of third party details for future recommendations. The Customer must confirm that it has obtained the consent of all third parties included in the “address book” to use their personal data in this manner, and also must confirm that such third parties are over 18 years of age; and
6.1.4 once an “address book” has been set up the Customer shall have the ability to send out up to 5 recommendations simultaneously directly from the Tellja website.
6.2 All information held within a Customer’s account, including all third party details held within a Customer’s “address book” shall be processed in accordance with the Tellja Privacy Policy available at: http://www.tellja.co.uk/data-privacy-policy.html
7. LIMITATION OF LIABILITY
7.1 Subject to clause 7.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
7.2 Neither of us shall be responsible for losses that result from failure by either of us to comply with these Terms including, but not limited to, losses that fall into the following categories:
7.2.1 loss of income or revenue;
7.2.2 loss of business;
7.2.3 loss of anticipated savings;
7.2.4 loss of data; or
7.2.5 any waste of time.
However, this clause 7.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
7.3 This clause does not include or limit in any way liability of either of us for:
7.3.1 death or personal injury caused by negligence; or
7.3.2 fraud or fraudulent misrepresentation; or
7.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
7.3.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
7.3.5 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8. FORCE MAJEURE
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
8.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, including (without limitation), the failure of public or private telecommunications networks including the Internet.
8.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
9. APPLICABLE LAW / MISCELLANEOUS
9.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
9.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
9.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
9.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
9.5 If you would like to contact us with any comments or complaints please contact support@tellja.de.
