Terms

Shoppi is licensed to You (End-User) by Innocta GmbH, (“Shoppi”), for use only under the terms of this License Agreement.

 

By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”

 

Article 1 – General terms and definitions

1. the general terms and conditions apply to everyone who uses the app of Innocta GmbH (Shoppi).

2. if a part of the terms and conditions is void or destructible, this does not change the validity of the remaining general terms and conditions. The void or destroyed part will be replaced by a provision that follows the content of the void provision as far as possible. If in these General Business Terms and Conditions the singular form of a certain word is used, this also includes the plural form and vice versa.

3. the following definitions shall apply when using the General Terms and Conditions:

– User: a consumer or a company that has accepted the validity of these General Terms and Conditions. On the one hand, this can be done by using the Website or, on the other hand, by accepting the General Terms and Conditions when installing and using the App.

Article 2 – Terms of use of the app

1. the user may not use the app in a way that violates the interests of Innocta Gmbh or other applicable laws or regulations.

2. the user may not distribute the following via the app:

– Pornographic video material, images or other media with erotic content; 

– Text or images that are offensive, racist, discriminatory or hate speech;

– Unsolicited advertising (spam);

– False or misleading information;

– Viruses, malware, spyware or other software that causes damage to our computers or those of other users. 

3. the user is forbidden to create an account with the name of another person or to impersonate someone else in any other way.

4. the user shall keep the available personal data of other users secret and shall not misuse such data in any way.

5. it is forbidden to approach other users for commercial purposes other than those for which the app is intended. It is also prohibited to prohibit/restrict the possibility for third parties to use the services offered by Innocta GmbH.

6. if the user is 18 years old or younger, he/she is obliged to truthfully declare his/her age when creating the account. The services of Innocta Gmbh are accessible to minors only if the permission of their legal guardian has been obtained or if it is socially customary for a particular minor of that age to perform the act in question independently. 

7. insofar as the terms of use of the app are not complied with, Innocta GmbH has a solid reason to prohibit you from using it

 

Article 3 – The Platform

The aim of the app is to provide a platform where the consumer can view relevant brochures and offers at any time based on personal preferences and location. Innocta GmbH publishes the offer, online advertisement, promotion and/ or prospectus in its own magazine program or redirects the user to the provider’s website. When purchasing a product or receiving a service, the terms and conditions of purchase of the respective store or service provider apply. Innocta GmbH itself does not sell any products. There is no contact between us and the sales departments of the various advertisers and we can therefore not mediate in case of problems with the purchase, delivery or return of a product and/ or service.

 

Article 4 – Availability of the App

We do our best to ensure that the Website and the App are available. However, we cannot guarantee. We shall not be liable for any damages of any kind, availability, accuracy, quality, presentation, transmission, completeness or content of the information provided on the Website. This includes the incorrect indication of an offer period of an online advertisement, promotion and/ or prospectus.

Article 5 – Prices

1. consumers can use our services free of charge. However, we are free to charge for the services. Should this be the case, a price change would be announced in time. If we announce a price change, you can unsubscribe immediately and free of charge.

2. if a part of our services is only available for a fee, we will clearly indicate this on in the app. 

 

Article 6 – Exclusion

We reserve the right to (partially) exclude you from our services or deny you access to the App. We may also delete accounts at any time, irrelevant for what reason. If it comes to denying you access or deleting your account, we will not be liable for any damages that may occur as a result.

Article 7 – Confidentiality

We are obligated to keep your confidential information secret. By “confidential information” we mean any information that you have indicated is confidential or if the nature of the information is confidential, which in any case includes your name and address details. We will only disclose your personal data within the meaning of the General Data Protection Regulation if we are required to do so by law.

 

Article 8 – Conflict Resolution 

We are not obliged to mediate conflicts between users. Prospektangebote.de is no longer responsible if the consumer is redirected to the website of the supplier.

 

Article 9 – Liability

1. any liability of Innocta GmbH due to a defect in the fulfillment of obligations under the terms and conditions, tort or otherwise, is excluded to the extent permitted by law.

2. insofar as Innocta GmbH is liable for damages, irrespective of the reason, this is limited to direct damages up to the amount that would be paid by the liability insurance in the respective case. 

3. Innocta GmbH is not liable for:

– direct or indirect damages caused by the use of our app, regardless of whether the claim for damages is based on a warranty provision, agreements or any other legal principle; 

– direct or indirect damage caused by (incorrect) information in the app, regardless of whether the information originates from us or from third parties.

– Damages caused by the errors of third parties or resulting from the unavailability in the App due to reasons beyond our control. 

– direct or indirect damages resulting from the unavailability of a provider’s stock. 

– direct or indirect damages resulting from not (correctly) meeting the obligations. 

– the timely (not) receipt and processing of emails or other electronic messages sent to them.

– Contents offered via push messages, hyperlinks, banners or other types of offers from third parties on Innocta GmbH and any resulting agreements or consequences of such agreements and their compliance.

 

Article 10 – Privacy policy

1. we protect your personal data in accordance with the General Data Protection Regulation (GDPR). For more information, you can read the Privacy Policy in the App.

Article 11 – Disclaimer
By using the app, you release us from claims, demands and (damage) compensation claims of third parties. This limitation of liability does not exclude our liability in case of intent or deliberate recklessness. 
Article 12 – Intellectual property 
1. all intellectual property rights with regard to Innocta GmbH and the app belong exclusively to Innocta GmbH and may only be used with the express written permission of Innocta GmbH. 
2. intellectual property shall in any case mean all patent rights, trademark rights, trade name rights, database rights, design rights, domain names, know-how and trade secrets and other intellectual property rights in Switzerland or elsewhere.
Article 13 – Complaints & Disputes
1) If you have a complaint regarding the Website, please send it in writing via e-mail to info@innocta.com. In the course of doing so, you must provide your (full) name and address details. We also ask for a detailed description of your complaint, the reason for it and a possible solution proposal. Complaints will be processed within 7 working days. 
2. if a dispute arises between consumer and/ or supplier and Innocta GmbH, Swiss law applies. In this case, the court in Zurich is authorized to rule on the dispute.