General Terms and Conditions of promio.net GmbH for Participants
The following General Terms and Conditions of Participation govern the registration and use of the services offered under the domain "custlab.com". By confirming these Terms and Conditions of Participation by clicking the "Agree" button at the end of the registration process, a binding contract is concluded between you (the Participant) and promio.net GmbH (custlab), which contains the following rights and obligations. We keep the current version of these conditions of Participation available for you on our website.
General Terms and Conditions of Participation of promio.net GmbH for Participants
- Subject matter of the contract
- Obligations of the Participant
- Rights of the Participant
- Rights of custlab
- Implementation of the surveys
- Payment of credit / Conditions of payment
- Termination / Consequences of termination
- Data protection
1. Subject matter of the contract
a. By registering with custlab, the Participant warrants that he or she is at least 14 years old. Furthermore, the Participant warrants that the information provided by him/her is truthful and correct. If the Participant is under 14 years of age, consent must be given by a parent or guardian. If no confirmation is received, the account remains inactive.
b. When registering, the Participant shall determine a user name and password. The Participant will not disclose his personal access data to third parties.
d. In the customer profile, the Participant will fill out the basic survey if possible. Participation in custlab is also possible without providing these additional details. However, the Participant is aware that in this case he or she can only be assigned to a general target group - consisting of age and place of residence - which will have a detrimental effect on invitations to surveys and / or product tests.
e. The customer profile also offers the Participant the opportunity to view his/her current credit balance, which he/she has earned through participation in surveys. Furthermore, the Participant can request a payout of his/her credit - see section 7.
3. Obligations of the Participant
a. The Participant is obliged to provide accurate and truthful information when registering. If the Participant takes part in surveys and / or product tests, he will provide meaningful information there as far as possible.
b. The Participant shall ensure that he/she regularly updates his/her personal information, if possible, or checks that it is up to date.
c. If the Participant discovers that his/her access data has been lost and/or misused by third parties, he/she shall inform custlab immediately in order to prevent misuse of his/her personal data. In such a case custlab will immediately lock the Participant's account.
d. With the "tell friends" function offered on custlab's website, the Participant can recommend custlab's offer to a maximum of four friends or acquaintances at the same time. The Participant shall ensure that he/she does not use this function to send masses of unsolicited e-mail messages (spam). custlab points out that these e-mail messages are sent on behalf of the Participant on behalf of custlab.
e. In particular, the Participant shall refrain, when using the website, when using features offered through the website, and when conducting surveys and / or product tests, from
- violating the rights of third parties, in particular intentionally causing damage to persons or other companies;
- damaging, disabling, overloading or obstructing the website or its functions (or the networks connected to the functions [Facebook, Twitter, etc.);
- using scripts, bots or similar malicious software to access the functions of the website;
- intercepting (or attempting to intercept) data about the website or the hardware connected to it;
- exploiting a possibly existing program error of the website, or making an unauthorized change to software or data in order to obtain an unauthorized benefit, such as invitations to surveys not intended for you;
- spying on other subscribers' access data or gaining unauthorized access to other subscribers' profiles;
- registering with multiple names and/or e-mail addresses in order to participate in a disproportionate number of surveys;
- executing surveys twice to receive double compensation;
- defaming, insulting, harassing other Participants, threatening other Participants or violating their rights (such as personal rights) in any way;
- publishing, distributing or disseminating inappropriate, racist, defamatory, infringing, obscene, indecent or unlawful content, themes, names, material, files or information;
- publishing, distributing or disseminating any content, subject matters, names, materials, files or information that incites, supports, promotes, describes, depicts or expresses child pornography, religious denigration, hatred, intolerance, racism, illegal drug use, gratuitous or graphic violence, or criminal or fraudulent activity
The Participant is aware that custlab has a special right of termination for these cases in accordance with section 5 b of these Terms and Conditions of Participation.
4. Rights of the Participant
a. The Participant can make changes to his participant settings at any time and without restriction within the scope of his account management. In particular, changes can be made at any time regarding the participant data, the contact options and the credit account.
b. Termination of the contract is governed by section 8.
5. Rights of custlab
a. In case of obvious incorrect data (e.g. fantasy names) custlab is entitled to check the identity of the Participant on the basis of the contact data provided by the Participant. If the identity of the Participant cannot be confirmed, custlab will not activate the Participant's access or will delete this access.
b. If the Participant violates the obligations under section 3 e, custlab is entitled to immediately block or delete the Participant's access. Any credit balance of the Participant shall be forfeited.
c. custlab is entitled at any time to change, restrict and/or completely discontinue the operation of the website or the services offered there. In the event that the operation of the website is discontinued, each Participant will be given the opportunity to cash out any remaining balance.
6. Implementation of the surveys
a. From time to time custlab will send the Participant e-mail messages (invitations) inviting the Participant to take part in surveys and/or product tests. The Participant can participate in the survey and / or the product test by clicking on a link contained in this e-mail. With this e-mail, the Participant will be informed of the amount that will be credited to his/her customer account after participating in the survey and/or the product test.
b. When conducting a survey, it may turn out that the Participant does not belong to the desired target group. In this case, the survey will be aborted.
c. For each survey in which a Participant is filtered out at the beginning of the survey because he or she does not belong to the target group sought, the Participant will receive a virtual raffle ticket from custlab. custlab will regularly carry out raffles, the winners will be informed by e-mail. The frequency of the raffles is reserved by custlab. Survey dropouts will not receive a raffle ticket.
d. custlab is not obliged to invite the Participant to surveys or product tests.
e. Once a year custlab will remind the Participant by e-mail to update his/her participant data.
7. Payment of credit / Conditions of payment
a. The Participant shall receive a statement of account and a credit note for each transaction subject to remuneration within the scope of its account management. Credits on the Participant's account will generally be transferred to the respective account after the Participant's payout request. However, credits will only be issued for surveys that the Participant has completed in full and in the correct manner. If the Participant cancels a survey, no credit will be issued for it.
b. The payout is possible from an amount of at least 5 €. The exact payout time is reserved by custlab.
c. Participants must ensure to comply with tax regulations regarding credits paid out.
d. International payments will be paid out as an Amazon voucher. Please contact customer service in writing at firstname.lastname@example.org as soon as you have requested a payout.
f. Credits are not transferable.
8. Termination / Consequences of termination
a. The contract is concluded for an indefinite period.
b. However, the Participant may terminate the contract at any time via the account management. The termination will be confirmed to the Participant by e-mail message. The stored participant data will be immediately blocked for further use and deleted.
c. The right of each party to extraordinary termination due to significant reason remains unaffected. In particular, custlab is entitled to extraordinary termination if the customer continuously violates his obligations under section 3 of the contract.
d. The deletion of the participant data also includes the deletion of the remaining credit balance, if not yet paid out.
a. custlab is only liable to the Participant for damages that are based on an intentional or grossly negligent breach of duty by our representatives, vicarious agents or by ourselves.
b. Furthermore, custlab is liable to the Participant only up to the amount of the damage typically foreseeable at the time of the conclusion of the contract, insofar as the damage was caused by ourselves, our representatives or our vicarious agents and from the breach of an essential contractual obligation, i.e. obligations and ancillary obligations that are of paramount importance for the achievement of the respective purpose of the contract.
c. This limitation of liability applies to all claims for damages, regardless of the legal grounds, in particular to pre-contractual and ancillary contractual claims. This limitation of liability shall not affect any mandatory statutory liability or liability for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty by our legal representatives or vicarious agents or by our own negligent breach of duty.
10. Data protection
a. custlab reserves the right to change these Terms and Conditions of Participation from time to time. The Participant will be notified of the change, and the changes will be highlighted in print. The Participant may contact custlab with any queries regarding the changes. If the Participant does not object to the validity of the amended Terms and Conditions of Participation within 4 weeks after the amended Terms and Conditions of Participation have been sent, the amended Terms and Conditions of Participation shall become an integral part of the contract.
b. If the Participant objects, custlab is entitled to an extraordinary right of termination in this case.
c. The Participant may only set off undisputed or legally established claims against custlab.
d. Subsequent additions or amendments to contracts must be made in writing. This also applies to any waiver of this written form requirement. The written form within the meaning of these GTC shall also be deemed to have been complied with by the use of e-mail messages.
e. Deviating Terms and Conditions of Participants will not be approved.
f. The law of the Federal Republic of Germany shall apply to all contracts to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
g. For all disputes arising from this contract, the exclusive place of jurisdiction is agreed to be custlab's registered office, currently Bonn, if the Participant is an entrepreneur. If the Participant is a consumer, the general places of jurisdiction shall apply.
h. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.