1. Acceptance Of Terms
1.1 Luckyhoo is a Service by vengo GmbH (referred to here as “Luckyhoo”) and provides its Service (as defined below) to you through its web site located at *.luckyhoo.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company or other legal entity you represent or that you have the authority to bind such entity and its affiliates to these TOS, the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these TOS, you must not accept these TOS and may not use the Service.
1.2 Luckyhoo may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time on http://www.luckyhoo.com. The revised terms and conditions will become effective upon posting and if you use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2. Description Of Service
The “Service” includes (a) the Site, (b) the Luckyhoo Campaign Center, Lucky Codes, flyers, tools and services provided through the Site , and (c) all software, data, text, images, sounds, video, and content made available through the Site or services (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3. General Conditions / Access and Use of the Service
3.1 Subject to the terms and conditions of this TOS, you may access and use the Service for marketing campaigns for your own business as contemplated by the agreement. You may access and use the Service as a reseller for marketing campaigns in the name of any third party as contemplated by the agreement only if you are expressly permitted by the third party to do so. You shall not (a) use the Service to process data on behalf of any third party without being expressly permitted by the third party, or (b) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components. Since running a Luckyhoo marketing campaign is about creating and distributing Lucky Codes, you agree to use all reasonable effort to distribute all of your generated Lucky Codes to your prospects within a reasonable time period.
3.2 Luckyhoo works because you give your prospects an
incentive to participate in a contest by offering prizes. You agree to
use all reasonable effort to provide prizes of good value in your
marketing campaign. You shall not (a) offer prizes of discriminating,
abusive or unlawful nature, or (b) prizes that do not belong to you, or
(c) prizes requiring any action of any third party without their
expressive permission. You shall not change the (a) content, (b)
description, or (c) value of any prize after it has been assigned to a
winning particpipant. You are responsible to provide a winning
participant with exactly the prize as described in your campaign and
deliver it to the winning participant in a timely manner.
3.3 You shall not use Luckyhoo to (a) promote anything illegal, or (b) market anything offensive, or (c) to harrass anyone.
3.4 During a luckyhoo campaign, data of the campaign
participants is collected and stored on servers operated by Luckyhoo.
Luckyhoo does not in any way use, analyse, rent or resell data
collected through your campaign. Luckyhoo only provides functionality
and storage for the collected data. You are the only proprietor of your
data at any time. You are responsible for handling your collected data
with care, complying with any Data Protection Act and SPAM laws of your
operating location. You must have the participant's permission to use
their data for e-mail newsletter or any other electronic marketing
campaigns. Luckyhoo transfers data of deactivated campaigns older than
2 years from the live server to an archive server.
3.5 You shall not remove or change the Luckyhoo logo or
name printed on any flyer or print media if you previously selected and
agreed on a product that expressly comes with a printed Luckyhoo name
or logo.
3.6 Subject only to the limited right to access and use
the Service expressly granted to you under this TOS, all rights, title
and interest in and to the Service and its components will remain with
and belong exclusively to Luckyhoo. You shall not modify, adapt or hack
the Service to falsely imply any sponsorship or association with
Luckyhoo, or otherwise attempt to gain unauthorized access to the
Service or its related systems or networks.
3.7 You are responsible for all information, data, text,
messages or other materials that you post or collect via the Service.
You are responsible for maintaining the confidentiality of your login
and account and are fully responsible for any and all activities that
occur under your login or account. You agree and acknowledge that your
login may only be used by one (1) person – a single login shared by
multiple people is not permitted. You may create separate logins for as
many people as desired on your account. Luckyhoo reserves the right to
access any or all your accounts in order to respond to your requests
for technical support.
3.8 You understand that the technical processing and
transmission of the Service, including your content, may be transferred
unencrypted and involve (a) transmissions over various networks; (b)
changes to conform and adapt to technical requirements of connecting
networks or devices and (c) transmission to Luckyhoo’s third party
vendors and hosting partners to provide the necessary hardware,
software, networking, storage, and related technology required to
operate and maintain the Service.
3.9 The failure of Luckyhoo to exercise or enforce any
right or provision of this TOS shall not be a waiver of that right. You
acknowledge that this TOS is a contract between you and Luckyhoo, even
though it is electronic and is not physically signed by you and
Luckyhoo, and it governs your use of the Service and takes the place of
any prior agreements between you and Luckyhoo.
4. Trademarks
LUCKYHOO® and Luckyhoo’s various logos used or displayed on the Service are trademarks of Luckyhoo and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Luckyhoo products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.
5. Payment And Refunds
5.1 The Service with the character of a free campaign without supplementary printing options does not require you to provide credit card details at all. If you select a free campaign with supplementary printing options, you need to agree to pay the offered amount before activating the campaign. The agreed amount will be charged to your credit card after submitting valid credit card details.
5.2 The Service with the character of a premium campaign
is made available on a pay-as-you-go basis. You only pay a base fee per
Lucky Code for Lucky Codes that actually get redeemed. The base fee per
redeemed Lucky Code gets deducted from your account credit (virtual
credit in your Luckyhoo Campaign Center account) everytime a Lucky Code
is redeemed. In order to make the redeeming service work you need to
prefund your account credit. Before activating a premium campaign, a
minimal prepayment is required in order to fund your account credit.
The amount of the prepayment varies and depends on the base fee per
redeemed Lucky Code and the number of generated Lucky Codes. You need
to agree to the prepayment before activating your campaign. The agreed
amount will be charged to your credit card after submitting valid
credit card details.
Your credit card will be recharged with a
minimal amount after the account credit has dropped below a minimal
level. The recharge is required to guarantee smooth redeeming of Lucky
Codes to come. If your account credit is not sufficiently funded,
Luckyhoo cannot provide the Service as agreed upon and may (a) show an
error message for redeeming Lucky Codes, or (b) deactivate the campaign
and all its functionalities, or (c) not store any data coming from
redeeming Lucky Code that are not prefunded, (or) exclude data coming
from redeeming Lucky Codes that are not prefunded from reports in the
campaign center. You can reactivate all suspended functionality by
funding your account credit.
In order to recharge your credit card
when necessary you need to give your approval for storing your credit
card data at our certified Payment Service Provider. Our Payment
Service Provider is a fully PCI-DSS certified provider who complies
with the security and fraud prevention requirements specified and
imposed by VISA and MasterCard.
5.3 The account owner will receive an email receipt upon
each credit card charge. The receipts are also available for the
account owner from within the campaign center. Luckyhoo uses a
third-party intermediary to manage credit card processing. Please visit
http://www.luckyhoo.com/privacy to understand how Luckyhoo collects and
uses personal information.
6. Cancellation and Termination
6.1 You can deactivate a campaign at any time from within your campaign
center. Deactivating a campaign will immediately stop any deductions
from your account credit. Deactivated campaigns will no longer trigger
any automated recharge on your credit card. Deactivating your campaign
while people still redeem Lucky Codes results in all or some of the
following effects: (a) error message displayed for redeeming Lucky
Codes, or (b) not store any data coming from redeeming Lucky Codes in a
deactivated campaign, or (c) exclude data coming from redeeming Lucky
Codes in deactivated campaigns from reports in the campaign center.
6.2
Luckyhoo reserves the right to (i) modify or discontinue, temporarily
or permanently, the Service (or any part thereof) and (ii) refuse any
and all current and future use of the Service, suspend or terminate
your account (any part thereof) or use of the Service and remove and
discard any of your content in the Service, for any reason, including,
if Luckyhoo believes that you have violated these TOS. Luckyhoo will
use best efforts to publish on the Site or notify you about any planned
downtime of the Service, and will use all reasonable efforts to contact
you directly via email to warn you prior to suspension or termination
of your account. Any suspected fraudulent, abusive, or illegal activity
that may be grounds for termination of your use of Service, may be
referred to appropriate law enforcement authorities. Luckyhoo shall not
be liable to you or any third party for any modification, suspension or
discontinuation of the Service.
6.3 Your prepaid account credit
may be used accross all campaigns within your account. Luckyhoo doesn't
provide refunds for unused prepaid account credits. Prepaid account
credits "roll-over", can be used for any campaign in the future and
don't expire.
7. Indemnification
You agree to indemnify and hold vengo GmbH, its affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, use of your account by any third party, the violation of the Terms Of Use by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
8. Disclaimer
8.1 If single points in this TOS should be declared invalid this does not waive any other point of this TOS. The laws and regulations of the Confederation of Switzerland apply.
August 31st 2010