Terms of Use

Giveaway App's terms of use was last updated 18.04.2019.

By using the Giveaway App Services, you (the User) agree to these Terms of Use. Please read the following Terms of Use carefully before using the Giveaway App Services. If you do not agree with the Terms of Use, please do not use the Giveaway App Services. These Terms of Use apply to any use of the Giveaway App Services. A more detailed description of the Giveaway App Services and information on system requirements is available at giveawayapp.com. If you register as a company, association or any other legal entity, you represent and warrant that you are authorized to bind the entity into these Terms of Use.

1. Definitions

“Customer” means a natural or legal person or a legal entity, such as, a company or association who has signed a customer agreement with Giveaway App and who offers its services and products, if applicable, through the Giveaway App Services.

“Giveaway App” means Giveaway App Oy Ab, Yliopistonkatu 10, 00100 Helsinki, Finland, company ID 2943712-6.

“The App” means a digital application called Giveaway App provided by Giveaway App for natural and legal persons to discover products and services from Giveaway App's Customers.

"For Business" means a digital application called Giveaway App for Business provided by Giveaway App for natural and legal persons and legal entities, such as, a company or association to publish their products and services to The App.

“Giveaway App Services” means The App, For Business and Giveaway App's website giveawayapp.com and other additional locations as mentioned at giveawayapp.com.

“User” means a natural or legal person using the Giveaway App Services.

2. Identity of Giveaway App

Name: Giveaway App Oy Ab

Trade name: Giveaway App

Address: Yliopistonkatu 10, 00100, Helsinki, Finland

Chamber of Commerce number: 2943712-6

VAT identification number: FI29437126

Email: hello@giveawayapp.com

Support time: Monday to Friday 09.00 - 17.00 local time

Information about the identity and products and services of the Customers will be provided through The App and Website.

3. Description of the Giveaway App Services

3.1. Giveaway App provides a platform on which the User can discover product and service giveaways, contests, sweepstakes and freebies ("Giveaways") from the Customer of his/her choice. Users can easily find the Giveaways they are interested in from The App and choose to join them on the destination platform or website ("Channel") and the rules defined by the Customer.

3.2. The Customers provide the information about their Giveaways in the Giveaway App Services, including information on the location, prize, value, rules to participate, starting and ending date and from where the User can join the Giveaway i.e. the Channel. Joining the Giveaways might require the User to provide their personal data to the Customers. In such cases they are subject to the Customers privacy policy and terms and conditions. Giveaway App does not provide any Users personal data to Customers. Users can provide their personal data voluntarily to the Customers in order to participate in their Giveaways. The User is responsible for getting acquainted with the Customers privacy policy and terms and conditions. If the User does not approve the Customers privacy policy and terms and conditions, the User should not join the Giveaway nor provide their personal data to the Customer.

3.3. The Customer will select the winner(s) of the Giveaway, from all the Users that have joined their Giveaway, after the Giveaway has reached the ending date. The Customer will draw the winner(s) based on the participation rules and terms and conditions of the Giveaway defined by the Customer. Once the Customer has selected the winner(s), the Customer will deliver the prize to the User in accordance with their terms and conditions. Giveaway App is not responsible or liable towards the User for the proper execution of the Giveaway by the Customer.

3.4. After the User has joined a Giveaway, the User may not be able to withdraw or cancel their participation in the Giveaway. Prior to joining a Giveaway you should carefully review your selection and the rules to participate and terms and conditions of the Giveaway. In case you want to withdraw or cancel your participation, you must contact the organiser of the Giveaway i.e. the Customer.

4. User Accounts

4.1 In order to use the Giveaway App Services, the User must create a user account by following the registration instructions in the Giveaway App Services. The Giveaway App Services credentials are personal. The User shall ensure that any user account credentials and equivalent information required to access the user account of the User are kept confidential and used in a secure manner not accessible by third parties. A User can have only one user account.

4.2 Where it is suspected that any unauthorised person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform Giveaway App thereof. The User shall be responsible for any use of the Giveaway App Services and any activity under the user account of the User.

5. Customer Accounts

5.1 In order to use Giveaway App for Business, the Customer must create a customer account by following the registration instructions in Giveaway App for Business. The Giveaway App for Business credentials are personal. The Customer shall ensure that any customer account credentials and equivalent information required to access the customer account of the Customer are kept confidential and used in a secure manner not accessible by third parties. A Customer can have several customer accounts.

5.2 Where it is suspected that any unauthorised person has become aware of a Customer’s customer account credentials or has access to the customer account of the Customer, the Customer shall immediately inform Giveaway App thereof. The Customer shall be responsible for any use of Giveaway App for Business and any activity under the customer account of the Customer.

5.3 In order to use Giveaway App for Business, the Customer must submit valid credit card or other payment method information to Giveaway App. You agree to pay for all purchases arising from your use of Giveaway App for Business. You must keep your credit card and other payment information that you have submitted to your customer account updated.

6. Payments and Cancellation

6.1. The Customer will pay the purchase price set out in the subscriptions and plans by using the payment functionality of Giveaway App for Business. The Customer’s payment obligation shall arise upon confirming a subscription or plan through Giveaway App for Business. The current prices and charging intervals can be found once you log in to your customer account in Giveaway App for Business.

6.2. The Customer may fulfil this payment obligation only by using the online payment methods provided in Giveaway App for Business. When the Customer has paid the purchase price to Giveaway App, the Customer has fulfilled its payment obligation.

6.3. The payment will be automatically charged from the Customer’s credit card or other selected payment method once the Customer has selected and confirmed a subscription or plan. Subscriptions and plans in Giveaway App for Business may be ongoing with a monthly or yearly cycle, hence, payments will be charged on a recurring basis until the Customer has canceled the subscription or plan. You are responsible for keeping your payment details up to date. If we are not able to charge your selected payment method, we might put your customer account on hold and cease your access to the Giveaway App Services until we are able to process and charge your selected payment method according to the subscription or plan you have selected and confirmed.

6.4. If you choose to cancel your subscription or plan, the payments will be charged until the end of your existing subscription or plan and terminate after that. For instance, if you have selected and confirmed a monthly subscription or plan on the 15th of January and choose to cancel the subscription or plan on the 1st of February, your subscription or plan will end on the 14th of February and you will not be charged any more. The same applies to yearly plans. We will not refund for any unused period, for instance, if you've purchased a yearly plan on 1st of January and decide to cancel on the 15th of June, you will continue to have access to Giveaway App for Business until 31st of December with no refund possibility.

7. Giveaway App Credits and Tokens

7.1. The Customers of the Giveaway App Services can obtain Giveaway App credits or tokens e.g. by inviting new users to sign up to the Giveaway App Services. The Customers can use the Giveaway App Credits and Tokens to get discount on their purchases in the Giveaway App Services.

7.2. Giveaway App may unilaterally determine the conditions applicable to the granting, use and validity of the Giveaway App Credits and Tokens.

7.3. Any signing-up bonus credits or tokens can be used only once.

7.4. Giveaway App Credits and Tokens cannot be exchanged to cash.

7.5. The Giveaway App Credits and Tokens will be nullified if Giveaway App detects any abuse of Giveaway App Credits or Tokens or suspects or detects that Giveaway App Credits or Tokens have been granted on incorrect grounds. In such cases, Giveaway App shall invoice the amount that was paid using such Giveaway App Credits or Tokens.

8. Intellectual Property Rights

8.1 All Intellectual Property Rights in or related to the Giveaway App Services and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Giveaway App and/or its subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, trade names, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

 

8.2 These Terms of Use do not grant the User nor Customer any Intellectual Property Rights in the Giveaway App Services and all rights not expressly granted hereunder are reserved by Giveaway App and its subcontractors/licensors.

9. Additional Provisions for use of the Giveaway App Services

9.1 The Giveaway App Services are only available to persons of the age of 18 years or older.

 

9.2 The User or Customer shall observe all applicable rules and regulations when using the Giveaway App Services, including the purchase of alcohol and tobacco.

9.3 We are constantly developing the Giveaway App Services and we may change or remove different parts of the Giveaway App Services, including features, the products and Customers available in the Giveaway App Services in part or in whole.

 

9.4. By using the Giveaway App Services, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Giveaway App generally does not review content provided by the Customers. Giveaway App is not responsible for third parties' (including the Customers') content or information or for any damages arising as a result of the use of or reliance on it.

 

9.5 You shall be responsible for obtaining and maintaining any devices or equipment (such as telephones) and connections needed for access to and use of the Giveaway App Services and all charges related thereto.

9.6 The User or Customer will not: (i) use or attempt to use another person’s Giveaway App account and/or access another person’s payment data on the Giveaway App Services or use another person’s payment cards when using the Giveaway App Services, without consent of that other person; (ii) copy, modify or create derivative works of the Giveaway App Services or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Giveaway App Services or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the Giveaway App Services; (iv) remove, cover or obscure any advertisement included on the Giveaway App Services; (v) collect, use, copy, or transfer any information obtained from the Giveaway App Services without the consent of Giveaway App; (vi) use bots or other automated methods to use the Giveaway App Services; (vii) create an account in Giveaway App Services using a fake identity or an identity of another person or company; and (viii) access the Giveaway App Services except through the interfaces expressly provided by Giveaway App, such as The App, For Business and Giveaway App Website.

9.7 Giveaway App is entitled to remove a User or Customer from the Giveaway App Services with immediate effect and/or refuse or cancel any purchases from a Customer if (i) the User or Customer abuses the Giveaway App Services or causes any harm or detriment to the use of the Giveaway App Services or Giveaway App, (ii) the Customer places a false purchase (for example by not paying) or if the User or Customer otherwise fails to comply with their obligations arising from these Terms of Use; (iii) if there is reasonable doubt about the correctness or authenticity of the usage of the Giveaway App Services. If Giveaway App cancels a purchase that has already been paid for (applies to Customers only), Giveaway App shall transfer that amount into the same account as the one from which the payment was made by the Customer.

9.8 The controller of the personal data collected about Users and Customers is Giveaway App Oy Ab, unless otherwise indicated. Giveaway App Oy Ab shall process any personal data collected from the User and Customer in accordance with its Privacy Policy.

10. Term and termination

10.1 These Terms of Use are in force as a binding agreement until further notice as long as the User or Customer is using the Giveaway App Services.

10.2 The User or Customer can discontinue the use of the Giveaway App Services at any time. Giveaway App can discontinue providing the Giveaway App Services permanently or temporarily at any time.

11. Limitation of Liability

11.1 The following section is only applicable to the Customers of the Giveaway App Services: Under no circumstances shall Giveaway App be liable to the Customer for any indirect damages, including lost profits, lost sales or business, lost data or business interruption, or for any direct damages in excess of the amounts actually retained by Giveaway App from the Customer in the three (3) months preceding the event giving rise to the claim.

12. Complaints

12.1 Please note that the Giveaway App Services may at any time be interrupted or permanently discontinued. The Giveaway App Services may also be temporarily suspended. Do not use the Giveaway App Services for backing up any data.

12.2 The Customer is solely liable for any defects in the contents and delivery of the Giveaway or other shortcomings in the performance of the Giveaway.

12.3 The User who has discovered shortcomings in the contents, delivery or performance of the Giveaway must submit any complaints to the Customer without delay, with clear descriptions of said shortcomings.

13. Applicable Law and Dispute Resolution

13.1 These Terms of Use shall be governed by and shall be construed in accordance with the laws of Finland. If you are a consumer domiciled in the EU, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. Disputes arising from these Terms of Use shall be resolved by the district court of Helsinki. A consumer may always institute proceedings in the district court of its domicile. Parties may also use the ODR platform managed by the European Commission to settle their disputes. This platform can be found on ec.europa.eu/odr. As a Finnish consumer, you may always refer a dispute to the Finnish Consumer Disputes Board (please see kuluttajariita.fi and kuluttajaneuvonta.fi for instructions).

14. Amendments

14.1 These Giveaway App Terms of Use are subject to amendments.

14.2 Giveaway App shall publish the amended Giveaway App Terms of Use at the Giveaway App Website and shall inform the User and Customer that the Giveaway App Terms of Use have been amended on the Giveaway App Services or by email to the email address submitted to the Giveaway App Services by the User or Customer. If the User or Customer does not agree to any amended Giveaway App Terms of Use, they shall discontinue the use of the Giveaway App Services.

15. Assignment

15.1 Giveaway App shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Giveaway App Services without the User’s or Customer's prior consent.

15.2 The User or Customer shall not be entitled to assign any of its rights or obligations hereunder in whole or part.

GA favicon shrinked.png