Campy OÜ, registry code 14840749, VAT number EE102204225, registered at Estonia, Rae, Nelgi street 3, 75310 (hereinafter: Campy) is the owner and operator of website campy.eu (hereinafter: Website) and mobile application (hereinafter: App; the Website and the App together also referred as: Platform).
1. ESSENCE OF THE APP AND GENERAL TERMS
1.1 The App is a mobile application developed and administrated by Campy which is available on up-to-date iOS and Android devices and by which the services provided by Campy (hereinafter: Services) can be accessed and the products and services, as and if made available, may be purchased (hereinafter: Product).
1.2 In a nutshell, the purpose of the App is to provide the non-business customers (consumers) who use the App (hereinafter: End-User):
1.2.1 an opportunity to take part of different campaigns (hereinafter: Campaign) created by the companies (traders acting in their business or professional activities) registered on the Platform (hereinafter: Company) whereby the End-User must complete certain challenge(s), e.g., watch a video, visit a certain location (hereinafter: Challenge); and
1.2.2 in case of a successful completion of a Challenge, receive a reward (hereinafter: Reward), e.g., a discount on a Product, and purchase Products from such Companies.
1.3 The Website is owned and administered by Campy and allows the End-Users to find information about the Services provided by Campy.
1.5 If the End-User does not accept the Terms, then the End-User is not allowed to use the App or any of the Services provided by Campy.
2. REGISTERING AN ACCOUNT
2.1. In order to use the Services and gain access to the App, the End-User must register an account (hereinafter: Account).
2.2. For registering the Account, the End-User must register the Account by using an already existing account registered at a third party (e.g., Google or Apple account). If made possible, it is also possible to register the Account by using an e-mail address (and entering other required data). The End-User may be required to verify his/her e-mail address.
2.3. For registering the Account, the End-User is required to accept these Terms.
2.4. By registering the Account, the End-User expressly represents and warrants that he/she:
2.4.1. has accepted the Terms;
2.4.2. is at least 18 years old; or is at least 7 years old and has his/her parent’s or legal guardian’s consent for registering the Account and for each and any transactions he/she makes via the App;
2.4.3. is a natural person using the Services and purchasing goods for his/her own personal use and not for purpose related to his/her business or professional activities;
2.4.4. is legally competent to accept the Terms;
2.4.5. has not previously been suspended or removed from using the Services;
2.4.6. is not under any trade or economic sanctions; and
2.4.7. does not currently have an existing Account.
2.5. The End-User agrees and warrants that any information submitted to Campy is correct, accurate and up to date. The usage of the Platform and the functions available may be limited depending on the data submitted.
2.6. Once the Account is successfully created, the Parties have entered into the Agreement with an unspecified term by which the End-User has the right to use the App and request provision of the Services from Campy, as and if made available on the App.
2.7. Campy has a right to decide with whom to enter into the Agreement and has the right to refuse it at the discretion of Campy for any or no reason.
3. SETTING UP A PROFILE
3.1. The End-User can edit his/her Account’s profile after registering the Account – add a photo, enter a birthday, select a gender, choose interests, etc. It is not obligatory but highly recommended for the End-User to give as much information about him/herself. This way the most relevant and interesting Campaigns to the particular End-User are shown in the App.
3.2. The End-User can also enable the App to submit location data. This again is not obligatory but highly recommended – in this case the Campaigns available in nearby locations are conveniently shown in the App.
4. CAMPY CREDITS
4.1. Campy Credits (hereinafter: CCs) can be used by the End-User for purchasing Products via the Platform. One CC equals one euro (1 CC = 1 EUR). CCs cannot be used in any other way or for any other purpose, which also means that outside of the Platform CCs do not have any meaning or value. It is not possible to exchange CCs against money.
5. TAKING PART OF A CAMPAIGN
5.1. Once the End-User has set up the profile, the End-User can take part of Campaigns, as and if made available in the App.
5.2. The Campaigns are displayed to the End-User in the App based on the End-User’s profile and other data submitted by the End-User or collected about the End-User. The End-User can view different Campaigns by name, location, Reward type, age group and category, etc. However, not all Campaigns published on the Platform may be available to the End-User. There can be a limited audience for a Campaign, i.e., only End-Users who match a certain criterion (e.g., specific age, interest, etc.) set out by the Company may take part of the Campaign. If search function is used by End-User for searching a particular Campaign, then the search results (Campaigns) are displayed in the order being closest to the search word.
5.3. The Campaigns (and the Rewards) are made available on the first-come-first-serve principle, which means that the Campaigns are available for participation only for a limited number of participants within a limited time-frame.
5.4. After choosing the Campaign, the End-User can read a description of the Campaign and a list of necessary steps that include the Challenge(s) and the Reward(s).
5.5. The End-User can take part of a Campaign by choosing “START”. The Company may set additional terms the End-User must agree to before starting a Campaign, which are applicable in addition to this Agreement and which are displayed in the App.
5.6. After starting the Campaign, the End-User will be prompted to complete the required Challenge(s) in a given time. For that, the End-User must follow the instructions set out in the App or as given otherwise.
6.1. After successfully completing the required Challenge(s) of a Campaign, the End-User shall receive or be entitled to receive a Reward – as specified in the respective Campaign.
6.2. The types of the Rewards are as follows:
6.2.1. CC Reward – a certain sum of CCs transferred by Campy to the End-User which can be used by the End-User for purchasing Products from the Companies, as made available in the App (hereinafter: CC Reward);
6.2.2. Bonus – if the End-User purchases certain Product(s) from the Company, the End-User gets certain Product(s) for free from the Company (hereinafter: Bonus);
6.2.3. Discount – a discount on the Product(s) to be purchased by the End-User from the Company (hereinafter: Discount);
6.2.4. Novelty – a right to purchase a Product from the Company which purchase from the retail market is not yet possible or is difficult (hereinafter: Novelty).
6.3. As and if made possible at the App, the End-User can share the Campaign via a link or via Facebook (or other social medial platform, as and if made possible at the App) for which the End-User can get additional CC Rewards.
6.4. The Campaign which Reward is connected to a Product (Bonus, Discount, Novelty Reward) shall be deemed completed by the End-User once the End-User purchases this Product.
6.5. The Company is solely liable to the End-Users that the Rewards comply with these Terms. Where the End-User has a problem with the Reward, the End-User shall first turn to Campy for a solution (contact details given in paragraph 16 below) which is authorised by the Company for handling such matters. Campy may hand the End-User’s complaint over to the Company in which case the Company shall handle this matter.
7. CANCELLATION OF THE CAMPAIGN
7.1. If the Company cancels an on-going Campaign, the cancellation shall not affect any of the Rewards already received by the End-User or the validity of any Sales Agreements (see clause 8.2) already entered into.
7.2. Where the End-User has completed at least one Challenge within the cancelled Campaign before its cancellation (and thereby has not received the Reward), the Company shall give compensation to such End-User (hereinafter: Compensation). The Compensation shall be given as CC(s) via the App and as follows:
7.2.1. 1 CC if the monetary value of the potential Reward was up to 50 euros;
7.2.2. 3 CCs if the monetary value of the potential Reward was 51-100 euros;
7.2.3. 5 CCs if the monetary value of the potential Reward was 101-200 euros;
7.2.4. 10 CCs if the monetary value of the potential Reward was 201 euros or more.
7.3. The monetary value of the potential Reward is set by the Company.
7.4. The End-User shall not receive the Compensation if the Company cancels an on-going Campaign in the event of force majeure. Force majeure are circumstances which are beyond the control of the Company and which, at the time the Campaign was published, the Company could not reasonably have been expected to take into account, avoid or overcome the impediment or the consequences thereof which the Company could not reasonably have been expected to overcome.
8. PURCHASING PRODUCTS VIA THE APP
Products and prices
8.1. As and if made available, the End-User can purchase Products from the Companies by placing an order (hereinafter: Order) via the App.
8.2. The sales agreement for the purchase of the Products (hereinafter: Sales Agreement) is entered into between the End-User and the respective Company from where the End-User purchases the Products. Additional terms set by the respective Company may apply to the Sales Agreement (in addition to this Agreement), in which case such terms are made available to the End-User via the App or otherwise.
8.3. Campy is not a party to the Sales Agreement and is not liable for the Products. Campy is only a provider of information society services – making it easier for the End-Users to purchase Products from the Companies by providing the App as a service.
8.4. Companies provide information about the Products to the End-Users via the App, including but not limited to the information of the Products’ characteristics, allergens and instructions of use. The photos of the Products displayed in the App are for illustration purposes.
8.5. The prices of the Products in the App and any applicable fees (e.g., delivery fee) are shown in euros and include value added tax. The delivery fee, if applicable, shall be displayed separately from the price of the Products.
8.6. The End-User will be charged the prices of the Products which are displayed in the App at the moment when the End-User places the Order except for the case where the wrong price for the Products was displayed due to technical error or in the case where the End-User should have become aware that this is an error (in the case the price is obviously false). If the Products are sold by weight (e.g., fruit), their final price may change as the Order is fulfilled. If the End-User receives Products the weight of which is lower than ordered, then the End-User is returned the price difference within 14 days as of fulfilling the Order. If the End-User is delivered such Products which weight is higher than ordered, the End-User is not obliged to make any additional payment.
8.7. If the End-User has allergies or other dietary restrictions or wishes to receive more information about the Products, the End-User should contact the relevant Company. In any case, the Company is responsible for providing accurate, up-to-date and legally required information about the Products.
Placing the Order
8.8. For placing an Order, the End-User must:
8.8.1. choose the Product(s);
8.8.2. enter the location where the Order shall be delivered or choose pick-up at the Company’s point of sale, as and if made possible;
8.8.3. enter the payment details which shall be used for making the purchase and other required information;
8.8.4. make sure that the Products (and their quantities and prices) to be purchased are correct and correspond to the End-User’s intent. Campy nor the Company are liable for damage or other harm which may derive from any incorrect information submitted by the End-User; and
8.8.5. finally, for placing the Order, the End-User has to press the icon “Pay”.
8.9. If the End-User has enough CCs for the purchase, the End-User can make the payment with CCs. If not, the End-User must pay the remaining sum in euros.
8.10. The Company has authorised Campy to act as a commercial agent of the Company and authorised Campy to accept payments for the Products from the End-Users on behalf of the Company. As such, the payment via the App by the End-User shall be made to Campy (in the amount the Product is not covered with a Discount or a Bonus) and the End-User receives a receipt (a document certifying the sale of the Product) for the Product with the delivery fee from Campy on behalf of the Company. The End-User agrees that this document is given to him or her in a format reproducible in writing (e.g., via e-mail). The End-User’s obligation from the Sales Agreement to pay for the Product (and to pay the delivery fee, if applicable) is considered as fulfilled from the moment the End-User successfully makes the payment to Campy.
8.11. The Company has a right to cancel the Order by notifying the End-User – e.g., in case the Product is no longer in stock. In this case, the End-User is returned the price of the Order (i.e., price of the Products and applied fee) within 7 days after the Order was placed.
8.12. If delivery of the Products was chosen, the Company undertakes to deliver the ordered Products to the address provided by the End-User in the Order. The End-User undertakes to accept the Order personally upon delivery or guarantee that delivery is possible. The shipping time depends on the delivery destination and the preferred delivery option.
8.13. If pick-up of the Products was chosen, the End-User undertakes to pick-up the ordered Products from the Company’s point of sale. The Company may set conditions for identification and/or proof of purchase by the End-User when picking up the Order.
8.14. When accepting the Order, the End-User must immediately examine and verify whether the Order contents, quality and quantity is correct. The Order shall be deemed as completed once the Order has been handed over to the End-User. The risk of accidental loss or damage to the ordered Products passes to the End-User by accepting the Order. If the Order contents received do not correspond to the actual Order, the End-User must contact with the Company which is the seller of the Products.
9. WITHDRAWAL FROM THE ORDER
9.1. This paragraph 9 of these Terms only applies to the End-Users who are consumers in the meaning of law and have made the purchase of the Product via the App (i.e., distance sale).
9.2. The End-User may withdraw from the Sales Agreement (i.e., the Order) without giving any reason within 14 days after receiving the Product by submitting an unequivocal application of withdrawal to the respective Company from which the Product was purchased from (contact details made available in the App). This application must contain the names of the Products the End-User wishes to withdraw from, bank account details for the re-imbursement and the End-User’s contact details (e-mail address, phone number and name). Alternatively, the End-User can fill out the standard form for withdrawal (https://www.riigiteataja.ee/aktilisa/1030/1201/4001/JM_m41_lisa1.pdf#) and submit this to the respective Company.
9.3. The End-User only has the right to withdraw from the Order if the Product is unused, unimpaired and still in its original packaging.
9.4. The Product returned must be handed over to the respective Company to the same location from where the Product was ordered from within 14 days from submitting the notification of withdrawal. The contact details of the Companies location are made available in the App. Any costs which the End-User may incur related to returning shall be borne by the End-User and will not be refunded.
9.5. The End-User may not withdraw from the Order in the following cases: (a) the Product delivered deteriorates or expires rapidly; (b) the Product delivered is in sealed packaging which is not suitable for return due to health protection or hygiene reasons and was unsealed after delivery; (c) the Product delivered is, after delivery, according to its nature, inseparably mixed with other item(s); (d) the Product delivered is sealed audio or video recording or computer software and the End-User has opened the package; (d) the Product delivered is a newspaper, magazine or periodical; (e) the Product delivered is any other Product listed in the Estonian Law of Obligations § 53 section 4.
9.6. If the End-User has withdrawn from the Order and the Product returned is in proper condition, the End-User is returned the price of the Product as well as the delivery fee paid by the End-User within 14 days after the respective Company has received the notification of withdrawal. If the End-User withdraws from the Order partially, then the delivery fee paid shall be returned proportionally. Regardless of the preceding, the return of the funds may be withheld until the respective Company has received the Products or proof that the Products are in transit back to the respective Company.
9.7. If the condition of the returned Product has deteriorated, the End-User shall be liable for the decrease in the value of the Product resulting from the End-User’s use if he/she has used the Product in any other way other than what is necessary to apprehend the essence of the Product, its features and its proper functioning. To do so, the End-User shall only handle and use the Product in a way the End-User would be normally allowed to handle and use the Products in a retail store before purchasing.
10. END-USER’S LEGAL RIGHTS
10.1. If the Product is not compliant with the terms of the Sales Agreement and/or the Services are not compliant with the Agreement, the End-User has the right to use legal remedies provided by the law: (a) require performance of the obligation; (b) withhold performance of an obligation which is due from the End-User; (c) demand compensation for damage; (d) withdraw from or cancel the respective contract; (e) reduce the price; (f) in the case of a delay in the performance of a monetary obligation, demand payment of a penalty for late payment.
10.2. The respective Company is liable for lack of conformity of the Product which becomes apparent within two years as of the date of receiving the Product (naturally – if the shelf-life of a certain Product is less than that, then the time for submitting a complaint is respectively shorter). The Company is not liable for any lack of conformity of the Product which resulted from the End-User’s actions and/or omission, including the case of unpurposeful use of the Product or unproper preservation of the Product.
10.3. The End-User shall notify the respective Company in the case of a lack of conformity of the Product immediately (but in any case, latest within two months after becoming aware of it). The Company’s contact details are provided in the App. Such notification must include the End-User’s name, contact information, date of submitting the notification, description of lack of conformity of the Product, photo(s) of the faulty Product, the content of the claim and a document proving the purchase of the Product.
10.4. If the Product has a defect for which the Company is liable for, then the Company shall replace the defective Product. If the Product cannot be replaced, then all the payments involved with the sale of such Product shall be returned to the End-User.
10.5. If the End-User is instructed by the Company, the End-User shall return the Product for investigation. If the notification of non-conformity was done by the End-User within 6 months of receiving the respective Product, the shipping cost for return is paid by the Company. If the notification is done after that, the shipping cost for return is born by the End-User but shall be compensated by the Company if the Product was defective.
10.6. Where the End-User is entitled for a return of a price of the Order, then to the extent where the payment was made in euros, this shall be returned by the respective Company being a party to this Sales Agreement. Where CCs were used for such a payment, the return shall be made by Campy on behalf of the Company.
11. GENERAL RIGHTS AND OBLIGATIONS
11.1. The End-User is solely responsible for all activities which he/she conducts at the Platform. The End-User shall notify Campy immediately if the End-User becomes aware of any unauthorized use of the Platform.
11.2. The End-User is obligated to use the Services and the Platform only in accordance with the Agreement, law and good practice. The End-User may use the Services only for its own personal use.
11.3. The End-User hereby agrees not to upload any content or do any actions that contradicts with the Agreement, is illegal, contrary to good practice, pornographic, discriminating, racist, immoral, abusive, harmful, nefarious or otherwise indecent. Campy has the sole discretion to decide what content is deemed unsuitable for the Platform and the right to remove any such content from the Platform. Campy is not liable for any damage or consequence resulting from Campy exercising its respective right.
11.4. The End-User agrees not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Platform. Also, the End-User agrees not to use the Platform in an unintended manner, as may be determined by Campy in its sole discretion – which also means that he/she is prohibited to reverse engineer, decompile or disassemble the Platform, or collect use, copy or transfer any information from the Platform without the consent of Campy.
11.5. Campy reserves the right to refuse the End-User the use of the Services. This includes that Campy reserves a right to end and/or terminate the End-User’s right to use the Services at any time if the End-User has infringed the Agreement or the applicable law in any way or if Campy investigates such infringement.
12. INTELLECTUAL PROPERTY
12.1. The intellectual property rights (including rights of a database) to the Services (including the Platform) as well as data, methods and processes based on which the Services are produced shall vest in and remain the sole and exclusive property of Campy.
12.2. Hereby Campy grants to the End-User a non-exclusive license for the use of the Platform to the extent where it is necessary for using the Services. This license is limited with the term of the Agreement. This license is not limited with a territory and is given without the right to grant sub-licenses.
12.3. At the moment of entering them, the End-User grants to Campy a non-exclusive license as regards to the economic and moral rights for the use of any data or any works entered via the Platform which are protected by intellectual property rights to the extent where it is necessary for functioning of the Platform, provision of the Services and developing of the Platform and/or the Services. This license is limited with the term of the Agreement. This license is not limited with a territory and is given with the right to grant sub-licenses (is transferrable). No monetary remuneration is paid for the license, the remuneration to the End-User is the End-User’s right to be provided the agreed Services under the Agreement. The End-User warrants that it has the right to grant the license as stipulated in this Agreement and this does not infringe the rights of any third parties.
13.1. Campy is only liable to the End-User if the breach of the Agreement is caused intentionally or through gross negligence. In any event, Campy shall not be liable for non-pecuniary damage, loss of revenue and non-contractual damage (including purely economic damage). Furthermore, in any case, Campy’s liability is limited to 100 euros.
13.2. The Platform and the Services are provided on a “as is” and “as available” basis without warranty of any kind, which includes that Campy does not warrant that the use of the Services shall be uninterrupted or error free nor is any warranty given as to up-time of the Services and the results that may be obtained from the use of the Services.
13.3. Campy is not responsible for any damages the End-User may suffer as a result of taking part of a Campaign and the Challenges therein.
13.4. Campy is not responsible for the quality of the Products nor for any damage the End-User may suffer as a result of obtaining and using the Products.
14.1. Campy has the right to amend these Terms unilaterally at Campy’s sole discretion – including in the case where amendments are necessary due to technical or substantive development of the Platform.
14.2. In case of any amendments, the End-User shall be notified of such amendments by e-mail at least 30 days before any amendments enter into force. Once the 30 days has passed, the End-User is deemed to have agreed to the amended Terms, if the End-User has not within that time-frame cancelled the Agreement (by deleting his/her account on the App).
15.1. Campy may automatically update the Platform and the Services at Campy’s sole discretion, including but not limited to when Campy wants to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Campy has the right to suspend provision of the Services also for maintenance work or due to any data security risk.
15.2. Campy may ask the End-User to update the App. If the End-User chooses not to install such updates or if he/she opts out of automatic updates (if possible) he/she may not be able to continue using the App and the Services.
16.1. If the End-User has any problems using the Platform or the Services or wishes to contact Campy for any other reason, he/she can contact Campy via the Support button in the App or via e-mail firstname.lastname@example.org.
17. GOWERING LAW AND DISPUTE RESOLUTION
17.1. The Agreement and the legal relations deriving from it between the End-User and Campy shall be governed by the laws of the Republic of Estonia.
17.2. Any complaint against Campy can be filed by e-mail to email@example.com. Campy shall process the complaint within a reasonable time.
17.3. If any disputes arise out of or relating to the Agreement, the Parties shall attempt to resolve them through negotiations. If the matter is not resolved by negotiations, the Harju County Court located in Estonia shall have the exclusive jurisdiction as a court of first instance of all disputes arising out of or relating to the Agreement.
17.4. If the End-User is a consumer, he/she also has the right to turn to the Committee for Consumer Complaints formed at the Consumer Protection Board (Endla 10A, 10142 Tallinn, Estonia; https://komisjon.ee/et) to reach an out-of-court settlement. This committee solves contractual disputes between consumers and businesses which the parties were not able to resolve by negotiations. Moreover, the End-User may turn to European Commission’s Online Dispute Resolution platform (https://ec.europa.eu/).
18.1. Cancellation. The End-User can cancel the usage of the Services (and the Agreement) any time by stopping the use of the Platform and deleting his/her account on the App. This action cannot be undone. Campy may cancel the provision of the Services (and the Agreement) by giving such notification 30 days prior on the Platform or by e-mail. Where the Agreement is cancelled, all the CCs held by the End-User shall be deleted and these shall not be refunded in any way.
18.3. Indemnification. The End-User agrees to indemnify and hold harmless Campy, its directors, consultants, employees and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or not directly arising from the End-User’s violation of the Agreement, the Sales Agreements or the applicable law.
18.4. Severance. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If that modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.
18.5. Transfer of agreement. Campy may transfer its rights and obligations under the Agreement to another organization, entity or person. Campy will let the End-User know if this happens and Campy will ensure that the transfer will not affect the End-User’s rights under the Agreement.
18.6. Language. The End-User agrees that information provided to him or her related to this Agreement or made available under this Agreement may be in English language. These Terms may be made available in several languages. In case of inconsistences between the different language versions, the English language version prevails.