Terms and Conditions
Last modified: February 25, 2021
Following terms and conditions (mentioned below as terms) are applied for delivery for any campaign/benefit (mentioned benefit below) from Scratcher ApS (below mentioned as Scratcher) to tradesmen (below mentioned as customer).
Terms are applied unless other strictly written is agreed between customer and Scratcher and whether the agreement is accepted via e-mail phone and/or any other.
This is a prerequisite for the customer’s purchase that these terms are accepted and the customer carefully read the terms and conditions.
If any questions, in relation to the below, please contact us at email@example.com
2. Details, agreements, etc.
Any product information and any detail regarding technical data and functionality are only indicative. Customers holds the full responsibility in relation to the chosen benefit that can function in the customer’s environment.
Any offer in relation to benefit, price details, etc. at Scratchers website, and in sales material, etc., is all strictly to be recognized as advice to make an offer and therefore cannot be mandatory for Scratcher.
Between the customer and Scratcher, the final deal is only being recognized as completed when Scratcher has received the customer’s written confirmation of the agreement, with that details regarding the customer’s name, address, and an overview of the ordered products. When Scratcher has received the customer’s written agreement confirmation, an invoice will be sent electronically, unless it’s agreed otherwise at an invoice via postal-service.
3. Delivery and delivery time
Delivery and delivery time depending on the product the customer bought, is completed in relation to the agreement between the customer and Scratcher.
All prices excl. VAT and is stated in Danish kroner. Prices are subject to change, and changes in exchange rates mean that Scratcher can adjust prices so that Scratcher remains unchanged.
Payment terms are 8 days net from the invoice date unless otherwise agreed.
The Customer cannot set off in the service for claims arising from other legal matters, and the customer cannot refuse payment due to delay, complaint, or counterclaim regarding the delivery of the specific service.
6. Delayed payment
In case of late payment, Scratcher is entitled to charge interest on the amount due at 2% per annum. commenced month, from the end of the payment period until the payment is made. When sending reminders, a reminder fee of DKK 100 is charged. Scratcher issues three reminder letters before the claim is taken for collection.
In the event of non-payment, Scratcher is entitled to prevent the use of the Service.
7. No refunds or cancellation rights
The benefit is not covered by the statutory 14-day right of cancellation, as the delivery is done digitally or by invoice, and the benefit is thus delivered at the time of payment.
8. User creation
It is free to sign up for Scratcher and try all the functionality before the customer makes a choice of purchase. When purchasing a campaign, the Customer has the opportunity to purchase with or without design and setup as well as purchase multiple leads for each campaign. Promotional and lead purchases must be used within 12 months from the date of purchase. Activation of individual campaign purchases lasts for 30 days.
9. Required information for campaign creation
When creating a user, all information indicated as mandatory must be completed. The customer fills out a form with company name, CVR number, contact name, and a valid e-mail address. This information will only be available to the supplier and will not be disclosed to any other party.
Once the customer has provided an e-mail address, the supplier will be entitled to send messages to the customer via this e-mail address. Furthermore, the above information must be updated to be accurate at all times.
In order to verify the customer’s user information, the supplier may at all times require the customer to identify themself. The supplier may block access to Scratcher in whole or in part until the customer confirms the identification.
The duration of the promotion starts after the order is confirmed and then continues as agreed between supplier and customer. The agreement is valid as long as the customer has an account that gives access to the software.
11. Rules when using Scratcher
It is the Customer’s responsibility that campaigns contain all statutory information as well as ensure general compliance with applicable Danish law, including the Marketing Act. Should Scratcher be documented that the applicable Danish law is not complied with, Scratcher also reserves the right to close accounts and promotions. In the event of suspected promotional or prize cheating, Scratcher reserves the right to close any account and associated promotions at any time.
12. Data Security
In connection with the operation of Scratcher, the supplier guarantees the customer high data security.
The Supplier has a duty of confidentiality and is not entitled to disclose the customer’s personal data to third parties unless the customer accepts this.
The Supplier has taken all necessary technical and organizational security measures to protect the Customer’s data from disclosure, abuse, or otherwise violate the Personal Data Processing Act.
At the conclusion of the campaign, rights are granted to Scratcher and rights will not be used by or for data processing for others.
13. Browser support
Scratcher supports the following browsers:
- Chrome (latest 3 versions*)
- Firefox (latest 3 versions*)
- Safari 7 and later (this is similar to iPhone 5s and up)
- Android 4.4 and later
- Microsoft Edge
* Scratcher always supports the latest version of Firefox, Chrome, Edge, and Safari.
The Customer should be aware that the Games may not work as intended if the Client is using other browsers or has installed Add-ons for the Client’s browser.
14. Personal data
Scratchers’ processing of personal data takes place in compliance with the Personal Data Act. The Customer may contact Scratcher if the information is requested about which data is being processed about the Customer or if the information is requested to be deleted or corrected. Information about the Customer’s name, address, e-mail, etc. is only used to fulfill the Customer’s order and inform the Customer if unforeseen problems should arise. In no event will Scratcher disclose the Customer’s information to any third party, unless the Customer has accepted it.
Upon cancellation of the subscription, the customer is authorized, within the subscription period, to export all necessary personal data from Scratcher. The supplier is not entitled to retain the customer’s data after the end of the campaign.
15. Stability of operation
The Supplier endeavors to provide the highest possible operational stability, but is not responsible for any interruptions due to factors beyond the supplier’s control, including power failure, server failure, etc.
In case of interruptions, the supplier will make sure to restore normal operation as soon as possible.
16. Software updates
In order to offer the best possible service, it is necessary to expand or replace equipment, as well as to perform software updates on an ongoing basis.
For this reason, access to Scratcher may need to be blocked for a shorter period. Should this become necessary, the customer will be informed before these updates are initiated.
The Supplier has the right to make changes, including updates and improvements to the website and the software respectively.
17. Proprietary rights, including software copyright
All intellectual property rights in connection with Scratcher are only granted to the Customer. All individually produced software also belongs to Scratcher, unless otherwise agreed in writing. The Customer is not entitled to use individually manufactured software for the Customer’s own internal business purposes. Scratcher grants the customer a non-exclusive, non-transferable, and limited right to use this software.
Unauthorized copying, dissemination, or public performance is contrary to copyright law and may result in civil as well as criminal penalties.
The customer is obliged at all times to respect the copyrights that delight in the service provided. The Customer is responsible for breach of these rights, including for unauthorized disclosure to third parties. Customer shall release Scratcher from any claim arising from Customer’s infringement of copyrights.
Furthermore, the customer may not assign sublicense or licensing services to others in whole or in part. Only Scratcher is entitled to assign rights that follow these Terms and Conditions.
18. Scratcher and Customer Obligations
Scratcher is responsible for the operation of all of its own services but is not liable for errors, delays, or the like, provided that they are wholly or partly due to:
- Customer’s violation of the party’s agreement and/or the applicable terms and conditions.
- Customer’s use of services other than agreed upon.
- Computer viruses, hacking, Trojans, spyware, or similar.
- Accidental events where the customer bears the risk.
- Losses covered by an insurance policy taken out by the customer himself or for the benefit of the customer.
Scratcher’s total liability for all cumulated claims, including damages and penalties, is limited to the customer’s direct loss and consequential damages and can never exceed more than the total payments due for the services.
The Customer cannot claim compensation for indirect or consequential damages, including and not exhaustive, loss of profits, loss of data, or loss in connection with data updating.
However, Scratcher and the Customer can always be covered:
- Loss resulting from the other party’s grossly negligent or intentional acts.
- Expenditure and resource consumption in fulfilling one Party’s obligations to a supervisory authority or the data subject, including compensation to a data subject, insofar as they are caused by the other Party’s default.
19. Force Majeure
Neither the customer nor the supplier is responsible for any delays or failure to fulfill the obligations caused by force majeure, except payment of fee.
In case of force majeure, the party concerned shall immediately inform the other party of the force majeure situation.
The Supplier reserves the right to use the Customer as a reference in connection with marketing, sales material, and inquiries. In this connection, the customer gives the supplier the right to use the customer’s company name and logo.
The applicable terms and conditions are governed by and construed in accordance with Danish law.
Any disagreement between the customer and the supplier must be resolved jointly with the respective directors. If the parties’ directors cannot jointly resolve the disagreement, it must instead be brought to court in Copenhagen. However, the referral rules of the Administration of Justice Act to Landsret and the Maritime and Commercial Law must continue to apply.
If one or more provisions of these Terms and Conditions are deemed to be invalid, the other terms and conditions shall continue to be valid between the Customer and Scratcher
Scratcher may assign all or part of its rights and obligations to third parties, including having its rights and obligations performed in whole or in part by subcontractors. Unless written consent from Scratcher is provided, Customer may not assign any rights or obligations to any third party.