1. Acceptance of the Terms and Conditions

The following Terms and Conditions (T&C) govern your use of the website spreadwall.com (Site) and all services provided by the Spreadwall Team (Spreadwall) and accessed through the Site. The T&C constitute a binding legal agreement between you as a User of the Site and Spreadwall. By using the Site and/or its services, you agree to the T&C. If you do not agree to the T&C, immediately stop accessing or using the Site and/or its services.

 

2. Registration and your Social Media Account

In order to use the Site and/or its services, you need to register on the Site via your Facebook or Twitter Account (Social Media Account) and you need to allow Spreadwall to share certain messages via your Facebook or Twitter feed. These actions are necessary to participate in a campaign and/or take advantage of a discount offered by one of the Sellers. If you choose to register on the Site, you agree to provide only accurate and complete information, and you will keep that information up-to-date if it changes during a campaign and/or during the time you use the Site. After registering for the Site, you are solely responsible for any and all access to the Site and/or the use of the services by persons using your Social Media Account. Please notify us immediately if you become aware that your Social Media Account is used without authorization. Please note that Facebook or Twitter are in no way involved with Spreadwall and its services. They do not sponsor, endorse or administer Spreadwall’s services.

 

3. Obligations of Spreadwall

3.1. In General

Spreadwall provides you with an online platform on which you can take advantage of discounts on certain products of Sellers if you agree to share a message (Message) on your Facebook or Twitter feed (Social Media Feed). The Message that you share is pre-written by the Seller (but can be modified by you) and will be shared on your Social Media Feed, if a certain number of other users of Spreadwall also agree to share the message. The message will only be shared via your Social Media Feed if you agree to share it and you can modify the message if you wish. We call the entire process a Campaign.

3.2 How it works

If a Seller decides to launch a Campaign, it first comes up with a Message that it wants you, a Spreader, to share via your Social Media Feed. The Seller then determines the amount of Spreaders it needs to share the Message (“Required Number of Spreaders”) and the amount of time in which the Message needs to be shared in (Specified Time). Further, the Seller offers a discount for a particular product in its product range (by providing a discount code) to the participating Spreaders in case the Required Number of Spreaders share the Message on their Social Media Feed. The discount provided by the Seller will be at least 20% off the regular price.

Once such a Campaign is launched, the Seller promotes its campaign and aims to find the Required Number of Spreaders who are willing to share the Message on their Social Media Feed.

If you decide to participate in the Campaign, you allow Spreadwall (and the Seller) to share the Message via your Social Media Feed. Please note that you will always be able to modify the message if you like. Once the Seller has found the Required Number of Spreaders, the Message will be shared via your Social Media Feed and the Social Media Feed of the all other participating Spreaders simultaneously at a pre-determined point in time (Successful Campaign). The time at which the Message is shared will be determined by the Seller but always needs to be approved by you. Without your approval, nothing will be shared on your Social Media Feed.

After a Successful Campaign, we send out an E-mail to you and all other participating Spreaders with the discount code of the Seller. You can use this discount code in accordance with the terms and conditions of the discount code and/or voucher at the Seller. The terms and conditions are subject to the terms and conditions of the Seller. Spreadwall is not part of this relationship.

After you have received the discount code, the Campaign ends and all further interactions between you and the Seller occur directly between you and the Seller. In particular, we do not guarantee that the Seller grants the promised discount. If, however, we find out that a Seller does not grant the promised discount, we reserve the right to ban the Seller from our Site.

3.3 Our services are free of charge

For you as a Spreader, our services are currently free of charge. By registering to our Site, you allow us to spread the Message of the Seller via your Social Media Feed at a pre-determined time if the Seller has found the Required Number of Spreaders. We assure you that we never share a Message that you have not seen and approved before.

3.4 What we do not do

Although the Seller does its best, we cannot guarantee you that it can find the Required Number of Spreaders within the Specified Time (Unsuccessful Campaign). In case of an Unsuccessful Campaign, the campaign of the Seller ends after the Specified Time lapses and the Message will not be shared via your Social Media Feed. As a consequence, the Seller does also not grant you with the promised discount.

 

4. Your Rights

4.1 In General

By using the Site and its services, you allow Spreadwall to share the Message via your Social Media Feed, provided there was a Successful Campaign. Further, you allow Spreadwall to show your Facebook and Twitter Profile (incl. the profile picture) on the Campaign. This is done to incentivize your friends to join the Campaign and benefit from the discounts as well. If you do not want to participate in the Campaign anymore, you are able to withdraw from a Campaign at any time before the Message was shared on your Social Media Feed.

4.2 Promised discount

In case of a Successful Campaign, the Seller is required to grant you the promised discount. The modalities of the discount (e.g. expiration date, pricing or other details) are entirely up to the Seller, if the discount is at least 20% off the regular price. Spreadwall does not guarantee any kind of specific discount and, in general, does not guarantee that the Seller will grant you the promised discount after a Successful Campaign.

In case of an Unsuccessful Campaign, the Seller is not required to grant you the promised discount.

4.3 Relationship between you and the Seller

In case of a Successful Campaign, you and the Seller enter into a legal relationship in which the Seller is required to grant you the promised discount. Spreadwall is not part of this relationship and does not guarantee you that the Seller will grant the promised discount.

4.4 Liability und Indemnity

We inform you that we provide our services and access to our Site “as is” and that we make no express or implied representation, warranties or guarantees of any kind about the services and the Site we provide, particularly not in regards to the obligations of the Seller. By using the Site, you expressly and irrevocably agree that your use of the Site is at your own risk. We limit and exclude all of our potential liability (for any damage) to the extent possible under the applicable law.

You shall indemnify us against any loss, liability or cost incurred by us arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from (i) your use of the Site and (ii) the use of the Site through your Social Media Account.

 

5. Use of the website and our services

In case of faults on the Site, we use reasonable endeavours to correct any errors or omissions as soon as possible after being notified of them. However, we do not guarantee that the services or the Site will be free of faults and we do not accept any liability for any errors or omissions.

We do not warrant that your use of the Site and services provided will be uninterrupted and we do not warrant that any information transmitted via the Site will be transmitted accurately, reliably, in a timely matter or at all. We do not give any warranty that the Site is free from viruses or anything else, which may have a harmful effect on any technology.

We reserve the right to change, modify, substitute, suspend or remove any information from the Site without notice. We also reserve the right to block access to and/or to edit or remove any material (incl. a Campaign), which in our reasonable opinion may give rise to a breach of the T&C.

 

6. Suspension and termination

If you use the Site in contravention of the T&C, we may suspend your use of the Site.

We are entitled to immediately or at any time (in whole or in part) suspend your use of the Site and/or ban you from using the Site in the future, if you (i) breach the T&C, (ii) if we suspect, on reasonable grounds, that you have, might or will commit a breach of the T&C or (iii) if we suspect, on reasonable grounds, that you may have committed or be committing fraud against us or any person or Seller.

 

7. Data protection

We collect personally identifiable information ("PII") that is volunteered during the registration or in response to specific information requests explicitly presented to you.

We may also collect your IP (Internet Protocol) address to help diagnose problems with our server, and to administer the Site. An IP address is a number that is assigned to your computer when you use the Internet. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.

In order to use our Site, to start a Campaign or to participate in a Campaign, you may be requested to provide any or all of the following PII: first and last name or a company name, postal address, e-mail address, date of birth, telephone number and details of a payment mechanism, such as credit card or other online payment details.

All PII is retained in accordance with all applicable data protection laws in Switzerland. We use PII to properly provide you with our services and to market ourselves to existing and/or new users or Spreaders. It is our policy not to sell or pass any PII to any other organisations unless we are required to do so for fraud prevention and detection. Our servers are located in Germany.

We may however pass your PII to our partners but only to help us with any of our uses of your data. For example, we may use third parties to provide us with marketing or customer service assistance or send it to a credit card or other payment provider to process a payment. Further, we may also use your PII to create statistics regarding the use of the Site.

We also always reserve the right to disclose PII in order to (i) comply with applicable laws, (ii) respond to governmental enquiries or (iii) protect our rights or property, the Site, and/or the users of this Site. Please note that as part of any PII sharing, we may send your information internationally including to countries outside the European Economic Area. Some places outside of the EEA may not have adequate data protection laws at all or may offer differing levels of protection of personal information which are not as high as in Switzerland. By submitting PII to us, you acknowledge that provided we have used your data in the ways set out above, we cannot be held responsible for any use of your data by third parties who receive and process your data.

If there is a change in the legal structure of Spreadwall, we may, in our sole discretion, transfer, sell or assign information collected on and through the Site (including, without limitation, PII and other information), to one or more relevant third parties.

 

8. Google Analytics and Cookies

The Site may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help Spreadwall analyse how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for website operators and providing other services relating to Site activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this Site. By using the Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

In addition, Spreadwall also uses "cookies" on the Site. These cookies allow Spreadwall to verify whether the computer (and probably its user) has visited the Site before. You can generally modify your browser to prevent cookie use - but if you do this, the Site and the services may not work properly. The use of cookies enables us to operate an efficient service and to track the patterns of behaviour of visitors to the website.

 

9. Links to and from other websites

Where the Site contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only. We have no control over and do not accept and we assume no responsibility for Other Sites or their content. We also accept no responsibility for any loss or damage that may arise from your use of Other Sites. You use these Other Sites at your own risk.

 

10. Intellection property rights

All intellectual property rights, whether registered or unregistered, on the Site, information content on the Site and all the Site design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights.

This material shall not be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.

All rights (including goodwill and, where relevant, trade marks) in the Site are owned by us (or by our licensors). Other product and company names mentioned on the Site are the trademarks or registered trademarks of their respective owners.

Any material you transmit or post or submit to the Site (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. Accordingly, for such material, we have the non-exclusive right to use, copy, modify, adapt, translate, publish and distribute worldwide, provided the applicable data protection legislation allows us to do so.

 

11. Communication

The communication between you and Spreadwall occurs via electronic means. You give consent to receive communication from the Spreadwall in an electronic form. You agree that all communication that we provide to you electronically satisfies any potential legal requirement that such communication would satisfy if it were in writing.

 

12. Severability

If any provision of the T&C is held to be unlawful, invalid or unenforceable, the provision shall be deemed severed and the validity and enforceability of the remaining provisions of the T&C shall not be affected.

 

13. Applicable Law and Jurisdiction

The T&C (and all other contractual or non-contractual relationships between you and Spreadwall are governed by and construed in accordance with Swiss law and both parties submit to the exclusive jurisdiction of the competent courts of Switzerland.

 

14. Miscellaneous

The Site is owned by Spreadwall, i.e. Jerome Branny and Michelle Zumstein, Baumschulweg 6a, 6045 Meggen) and if you have any queries, please contact us at support@spreadwall.com

 

1. Acceptance of the Terms and Conditions

The following Terms and Conditions (T&C) govern your use of the website spreadwall.com (Site) and all services provided by the Spreadwall Team (Spreadwall) and accessed through the Site. The T&C constitute a binding legal agreement between you as a Seller and Spreadwall. By using the Site and/or its services, you agree to the T&C. If you do not agree to the T&C, immediately stop accessing or using the Site and/or its services.

 

2. Registration and your Social Media Account

In order to use the Site and/or its services, you need to register on the Site via your Facebook or Twitter Account (Social Media Account) in order to be able to initiate a campaign and/or offer discounts. If you choose to register on the Site, you agree to provide only accurate and complete information, and you will keep that information up-to-date if it changes during a campaign and/or during the time you use the Site. After registering for the Site, you are solely responsible for any and all access to the Site and/or the use of the services by persons using your Social Media Account. Please note that Facebook or Twitter are in no way involved with Spreadwall and its services. They do not sponsor, endorse or administer Spreadwall’s services.

 

3. Obligations of Spreadwall

3.1. In General

Spreadwall provides you with an online platform on which you can launch online campaigns and offer discounts on your products to a pre-determined number of users who – in consideration – are willing to share and spread your message (Message) on their Facebook and Twitter feed (Social Media Feed). The Message can be pre-written by you but can also be modified by the Spreaders. We call the entire process a Campaign.

3.2 How it works

If you decide to launch a Campaign, you must come up with a message (Message) that you want the users of Spreadwall (Spreaders) to share on their Social Media Feed. Further, you determine the amount of Spreaders you need to share your Message (“Required Number of Spreaders”) and the amount of time, which you need the Message to be shared in (Specified Time). As a consideration for the Spreaders, you have to offer a discount for a particular product in your product range (by providing us with a discount code) in case the Required Number of Spreaders share your Message on their Social Media Feed. The discount has to be at least 20% off the regular price.

Once you launched the Campaign, you are encouraged to find Spreaders who are willing to share your Message on their Social Media Feed. We do not guarantee that you will find the Required Number of Spreaders. Once you have found the Required Number of Spreaders, they will share your Message (that can be modified by the Spreaders) on their Social Media Feed simultaneously (Successful Campaign). After a Successful Campaign, we send out an e-mail to all Spreaders with the discount code you provided us earlier. This is the end of your Campaign and all further interactions between the Spreaders and you occur directly between you and the Spreaders without Spreadwall’s involvement.

3.3 Your Consideration

In consideration for our services, we charge you with a small fee which we determine before you launch your Campaign. The fee is dependent on several factors and varies depending on the modalities of a Campaign. You will see the fee once you set up a campaign and you have to agree to the fee once you decide to launch a Campaign. Our consideration is only due if there was a Successful Campaign and if you have found the Required Number of Spreaders within the Specified Time.

If you do not find the Required Number of Spreaders within the Specified Time (Unsuccessful Campaign), you do not need to pay us anything for our services.

3.4 What we do not do

Although we do our best, we do not guarantee you that you will find the Required Number of Spreaders within the Specified Time. In case of an Unsuccessful Campaign, your Campaign ends after the Specified Time lapses and we do not charge a fee.

 

4. Your obligations

4.1 In General

By using the Site and its services, you agree to provide the Spreaders the promised discount, provided there was a Successful Campaign. If you do not provide the Spreaders with the promised discount, we reserve the right to ban you from our Site until further notice.

4.2 Promised discount

In case of a Successful Campaign, you are required to grant the promised discount to the participating Spreaders. The modalities of the discount (e.g. expiration date, pricing and similar details) are entirely up to you, as long as you provided a discount of at least 20% off the regular price. However, once you have promised a particular discount, you cannot change the modalities of the promised discount until the campaign has ended.

In case of an Unsuccessful Campaign, you are not required to grant the promised discount.

4.3 Relationship between you and the Spreaders

In case of a Successful Campaign, you and the Spreaders enter into a legal relationship in which you are required to grant the promised discount to the Spreaders. Spreadwall is not part of this relationship and does not act as an intermediary between you and the Spreaders.

4.4 Liability und Indemnity

We inform you that we provide our services and access to our Site “as is” and that we make no express or implied representation, warranties or guarantees of any kind about the services and the Site we provide. By using the Site, you expressly and irrevocably agree that your use of the Site is at your own risk. We limit and exclude all of our potential liability (for any damage) to the extent possible under the applicable law.

You shall indemnify us against any loss, liability or cost incurred by us arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from (i) your use of the Site, (ii) the use of the Site through your Social Media Account (iii) your Campaign on the Site or (iv) your Promised discount.

 

5. Use of the website and our services

In case of faults on the Site, we use reasonable endeavours to correct any errors or omissions as soon as possible after being notified of them. However, we do not guarantee that the services or the Site will be free of faults and we do not accept any liability for any errors or omissions.

We do not warrant that your use of the Site and services provided will be uninterrupted and we do not warrant that any information transmitted via the Site will be transmitted accurately, reliably, in a timely matter or at all. We do not give any warranty that the Site is free from viruses or anything else which may have a harmful effect on any technology.

We reserve the right to change, modify, substitute, suspend or remove any information from the Site without notice. We also reserve the right to block access to and/or to edit or remove any material (incl. a Campaign), which in our reasonable opinion may give rise to a breach of the T&C.

 

6. Suspension and termination

If you use the Site in contravention of the T&C, we may suspend your use of the Site and remove your Campaign.

We are entitled to immediately or at any time (in whole or in part) suspend your use of the Site, remove your Campaign and/or ban you from using the Site in the future, if you (i) breach the T&C, (ii) if we suspect, on reasonable grounds, that you have, might or will commit a breach of the T&C or (iii) if we suspect, on reasonable grounds, that you may have committed or be committing fraud against us or any person or Spreader.

 

7. Data protection

We collect personally identifiable information ("PII") that is volunteered during the registration or in response to specific information requests explicitly presented to you.

We may also collect your IP (Internet Protocol) address to help diagnose problems with our server, and to administer the Site. An IP address is a number that is assigned to your computer when you use the Internet. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.

In order to use our Site, to start a Campaign or to participate in a Campaign, you may be requested to provide any or all of the following PII: first and last name or a company name, postal address, e-mail address, date of birth, telephone number and details of a payment mechanism, such as credit card or other online payment details.

All PII is retained in accordance with all applicable data protection laws in Switzerland. We use PII to properly provide you with our service and to market ourselves to existing and/or new users or Spreaders. It is our policy not to sell or pass any PII to any other organisations unless we are required to do so for fraud prevention and detection. Our servers are located in Germany.

We may however pass your PII to our partners but only to help us with any of our uses of your data. For example, we may use third parties to provide us with marketing or customer service assistance or send it to a credit card or other payment provider to process a payment.

We also always reserve the right to disclose PII in order to (i) comply with applicable laws, (ii) respond to governmental enquiries or (iii) protect our rights or property, the Site, and/or the users of this Site. Please note that as part of any PII sharing which we list above, we may send your information internationally including to countries outside the European Economic Area. Some places outside of the EEA may not have adequate data protection laws at all or may offer differing levels of protection of personal information which are not as high as in Switzerland. By submitting PII to us, you acknowledge that provided we have used your data in the ways set out above, we cannot be held responsible for any use of your data by third parties who receive and process your data.

If there is a change in the legal structure of Spreadwall, we may, in our sole discretion, transfer, sell or assign information collected on and through the Site (including, without limitation, PII and other information), to one or more relevant third parties.

 

8. Google Analytics and Cookies

The Site may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help Spreadwall analyse how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for website operators and providing other services relating to Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this Site. By using the Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

In addition, Spreadwall also uses "cookies" on the Site. These cookies allow Spreadwall to verify whether the computer (and probably its user) has visited the site before. You can generally modify your browser to prevent cookie use - but if you do this, the Site and the services may not work properly. The use of cookies enables us to operate an efficient service and to track the patterns of behaviour of visitors to the website.

 

9. Links to and from other websites

Where the Site contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only. We have no control over and do not accept and we assume no responsibility for Other Sites or their content. We also accept no responsibility for any loss or damage that may arise from your use of Other Sites. You use these Other Sites at your own risk.

 

10. Intellection property rights

All intellectual property rights, whether registered or unregistered, on the Site, information content on the Site and all the Site design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights.

This material shall not be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.

All rights (including goodwill and, where relevant, trade marks) in the Site are owned by us (or our licensors). Other product and company names mentioned on the Site are the trademarks or registered trademarks of their respective owners.

Any material you transmit or post or submit to the Site (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. Accordingly, for such material, we have the non-exclusive right to use, copy, modify, adapt, translate, publish and distribute worldwide, provided the relevant data protection agency allows us to.

 

11. Communication

The communication between you and Spreadwall occurs via electronic means. You give consent to receive communication from the Spreadwall in an electronic form. You agree that all communication that we provide to you electronically satisfies any potential legal requirement that such communication would satisfy if it were in writing.

 

12. Severability

If any provision of the T&C is held to be unlawful, invalid or unenforceable, the provision shall be deemed severed and the validity and enforceability of the remaining provisions of the T&C shall not be affected.

 

13. Applicable Law and Jurisdiction

The T&C (and all other contractual or non-contractual relationships between you and Spreadwall are governed by and construed in accordance with Swiss law and both parties submit to the exclusive jurisdiction of the competent courts of Switzerland.

 

14. Miscellaneous

The Site is owned by Spreadwall, i.e. Jerome Branny and Michelle Zumstein, Baumschulweg 6a, 6045 Meggen and if you have any queries, please contact us at support@spreadwall.com