General Terms and Conditions Blinkist

Effective on 2015-1-1
1. Subject and Scope of the General Terms and Conditions
1.1
Blinks Labs GmbH, Sonnenallee 223, 12059 Berlin, Germany (thereafter “Blinkist”) operates a platform for mobile reading on the internet portals http://www.blinkist.com, http://www.blinkist.de and other websites as well as via mobile applications - so called “Apps” - (thereafter platform). Within this scope, Blinkist’s authors will summarize the essential statements and contents of nonfiction books on a few pages in a concise manner. This enables you to comprehend the most important information of a nonfiction book on your PC or mobile device within the shortest amount of time.
1.2
Use of the platform (including Apps) shall be exclusively subject to the following general terms and conditions.
1.3
No special contractual text is intended for the contract regarding platform use. The content of the contract concluded between you and Blinkist follows these general terms and conditions as well as the information provided during the process of registration (cf. cipher 3.) as well as during contracting of a fee-based subscription ( cipher 5) that will be saved by Blinkist and available at any time in your user account.
1.4
By registering and/or using the Blinkist services, you accept the use and application of these terms and conditions.
1.5
Blinkist shall retain the right to change individual clauses with effect for the future. If we do not obtain your specific consent for a terms and conditions amendment, you will be timely informed of any changes to the terms and conditions (at least four weeks prior to the effective date of the amended terms). For this purpose, Blinkist will send you the new version of the terms and conditions to the email address you provided during registration. In this context, Blinkist will notify you explicitly regarding the opportunity and objection period against the changes as well as about the consequences of an omitted objection.
1.6
If you do not object to the changes within four weeks after the effective date of the changed user conditions, the changed user conditions shall be deemed accepted. The period shall start with the day that it is communicated to you via email as the effective date of change.
1.7
In the event that you object the changes, Blinkist shall be entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for Blinkist, effective from the date the changed user terms come into force.
2. Services and Rights of Blinkist
2.1
Blinkist will provide you with a summary of nonfiction books (so called “Blinks”) that enable you to comprehend their essential contents within minutes. Blinkist will additionally provide you with a personal area in which you can organize your selected Blinks and textmarkers into different lists or categories at your discretion.
2.2
The rights on Blinkist’s services and contents that are dispersed this way shall stay and remain with Blinkist or Blinkist’s licensors. Blinkist software applications and contents shall be licensed to you within the scope of the contractual use. We will only grant you a non-exclusive (simple) and temporary right pursuant to cipher 2.3 for personal use of Blinkist’s services and contents.
2.3
The scope of the provided contents shall depend on the precise free account, subscription (cf. 4.) or trial (cf. cipher 5.) which you respectively chose (the “license”). The license shall be restricted to the period of the free account/subscription/trial.
2.4
All Blinkist trademarks as well as our trade names, logos, domain names and other peculiarities of the Blinkist trademark are under the sole ownership of Blinkist. The license does not grant you the right to use Blinkist trademarks, our trade names, logos, domain names or other features of the Blinkist trademark, irrespective of whether for commercial or non-commercial use.
2.5
If you are using a free service, Blinkist shall be allowed to show you advertisement on the platform.
3. Registration with Blinkist
3.1
A registration with Blinkist is necessary for using Blinkist’s services.
3.2
Registration itself is free (Free Account) and does not obligate to enter into a subscription.
3.3
You can use your email address and a self-determined password for registration.
3.4
The used password shall be kept confidential. You are solely and to the full-extent responsible for keeping it confidential. You are the only person entitled to use your Blinkist user account. Blinkist shall be notified immediately of any unauthorized use of the user account as well as any suspicion thereof.
3.5
You may register via email address or log-in through a so called social-connect service (e.g. Facebook-connect).
3.6
You may also register with our apps for iOS, Android or Kindle Fire after downloading it.
3.7
Registration and/or log-in via social-connect establishes a free contract between Blinkist and you regarding the use of the Blinkist platform (cf. cipher 1.3.).
3.8
All information necessary for registration shall be made complete and accurate and shall be kept up-to-date at all times.
3.9
Registration shall require a minimum age of 18 years. As a minor you are only allowed to register with Blinkist if you are at least 14 years old and your statutory agents have given their consent. We shall have the right to make services of Blinkist subject to appropriate proof of your identity, your legal majority or the consent of your statutory agent.
3.10
Blinkist shall be entitled » Privacy policy to save and process your data provided during the registration process pursuant to the data protection regulations.
4. Subscription to Subscription Access
4.1
There is a fee-based subscription available (“Subscription Access”) so that you can use the full scope of Blinkist’s services. The subscription can be entered into for different periods which are presented to you in the order options.
4.2
Blinkist’s subscription accesses are fee-based and advertisement-free subscriptions which enable you to access a set of our content and features through our mobile and web based applications, depending on the subscription tier you’ve purchased. We offer two subscription tiers with the following service levels:
Blinkist Plus gives you unlimited reading access to all of our existing books and new releases and lets you make as many highlights / textmarkers as you want.
Blinkist Premium contains all the services of Blinkist Plus, but in addition gives you unlimited access to our Audio summaries (“listening access”) and lets you use our Send-to-Kindle and Evernote-Sync features.
The access to our library persists for the subscription period.
4.3
To become the holder of a Blinkist account with subscription access you will have to register with your user data, submit your credit card data and confirm your subscription by clicking the button “subscribe for xx€”. You will receive a subscription confirmation email as soon as you have done this. Your subscription starts on this day. Please read our data protection notification for information regarding gathering, using and processing of your data.
4.4
You can also subscribe via In-App-Purchase via iOS- or Android-Apps. For this purpose, you will have to choose the desired option on the subscription screen of the App, whereupon a pop-up will appear in which you have to enter your Apple- / Google-Play-password. As soon as you have done this, another pop-up will appear in which you have to confirm the subscription purchase again. You may still cancel the process at this stage.
5. Trials/Test Periods
5.1
Blinkist will occasionally offer new users the use of the subscription access for trial purposes for a certain time free-of-charge (so called “trial”). Blinkist determines at its own discretion if you can participate in the trial. Blinkist shall have the right to stop or change a free trial at any time without prior notification or termination period if good cause is present.
5.2
Participation in certain trials might only be possible if you enter your payment data during trial registration. In such event, we will need your consent at the beginning of the trial that your free access will be switched to a fee-based subscription access on the day after your trial expired (cipher 4.). In this event your subscription will subsequently renew itself depending on the term you’ve committed to when accepting the trial access and can be terminated until one day before the subscription is set to renew (cipher 8.3).
5.3
If you do not want the subscription service in an event of cipher 5.2 and the corresponding charges, you will have to terminate the subscription access provided within the trial prior to the trial expiry (e.g. conveniently via your Blinkist Account Settings).
6. Revocation Right
If you are a consumer (meaning an individual making the order for a purpose that is not for commercial or self-employed activity), the following revocation right shall apply for using Blinkist regarding conclusion of fee-based subscriptions as well as for the purchase of codes or download bundles:
INSTRUCTION ON REVOCATION
Revocation Right
If you purchased access to a fee-based Blinkist service or offers that are subject to charges (codes, download bundles) via the Blinkist platform, you shall have the right to revoke this contract within fourteen days without having to give reason. The revocation right shall exist for a period of fourteen days from the day of contract conclusion. For exercising your revocation right, you shall notify us
Blinks Labs GmbH
Sonnenallee 223
Berlin, 12059
Germany
Email: support@blinkist.com
via an explicit statement (e.g. letter via postal service, fax or email) regarding your decision to revoke the contract. You can use the attached revocation template for this purpose, which, is however not compulsory.
Dispatching of the revocation notification before the revocation period expires shall suffice to meet the revocation deadline.
Consequences of Revocation
If you revoke this contract, we shall be obligated to refund all payments that we received from you, including shipping costs (except for costs that resulted from you opting for another way of shipment than the cheapest standard delivery offered by us) immediately and by no later than fourteen days from the day that we received your contract revocation notice. We will use the same payment method for this refund that you used for the original transaction, unless we have stipulated a deviating method with you. This refund shall under no circumstances be subject to charges for you.
Template Revocation Form
(If you intend to revoke the contract, please fill-out this form and return to us)
To

Blinks Labs GmbH
Sonnenallee 223
Berlin, 12059
Germany
support@blinkist.com
I/We (*) hereby cancel the concluded contract by me/us (*) regarding the purchase of the following goods (*)/(performance of the following service (*)

Ordered on (*)/Received on (*)

Consumer Name(s)

Address of Consumer(s)

Signature of Consumer(s) (only if paper notification)

Date

(*) (*) Delete as applicable.

- End of revocation instructions -
7. Remuneration and Payment Terms
7.1
The conclusion of the subscription access (cipher 4.) is subject to charges.
7.2
For payment purposes, the fees payable to Blinkist will be charged to the credit card account you provided during ordering your subscription (cipher 4.3.).
7.3
In the event of access via a code, payment shall occur via the payment method stipulated on the invoice, e.g. PayPal or money transfer.
7.4
In the event of download bundle purchase, payment shall also occur by charging the credit card account (cipher 4.3.) provided during subscription purchase.
7.5
In the event of a subscription via our iOS- or Android-Apps, payment shall occur via Apple’s or Google’s In-App-Purchase process.
7.6
Your payment obligation vis-a-vis Blinkist within a premium access shall automatically renew itself at the end of the respective subscription term, if you do not terminate your fee-based subscription at least 24 hours prior to the end of the term (cipher 8.3.).
8. Period and Termination
8.1
The free user contract shall start at the time of your registration pursuant to cipher 3. for an indefinite period.
8.2
You can terminate the free user contract at any time. For this purpose, you can delete your account via our Web-App under “Settings”.
8.3
The fee-based subscription access (cf. cipher 4.) shall run at least for your initially selected period and shall automatically renew itself if you do not terminate at least 24 hours prior expiry of this period. The subscription period shall extend respective of its currently used subscription model.
8.4
You can terminate subscriptions that you entered into via our Web-App in the settings of the Web-App. For this purpose, you will have to login, open the settings via the menu and click on “Terminate Subscription”.
8.5
You can terminate a fee-based subscription concluded via our iOS or Android Apps in the iTunes / Google Play settings.
8.6
Termination of the subscription access shall become effective the day after the last day of your subscription period and you will be downgraded to a free user contract (Free Service). After renewing your subscription you will however be able to access your old status and your reading lists. If you intend to delete your entire account, you can do so via the settings of our Web-App (cf. cipher 8.2.). All data will be deleted irrevocably in this case.
8.7
The right to suspend and terminate for good cause shall remain unaffected by the aforementioned provisions.
9. Codes and Special Offers
9.1
If you purchased a Blinkist code with which you can use a premium access for the time stipulated on your email, card or respective paper receipt, then you are entitled to use the Blinkist platform for the respective period.
9.2
For redeeming the code, you will first have to register with Blinkist (cf. cipher 3.) first and subsequently activate the code through the specifically herefore created website(currently: http://www.blinkist.com/voucher).
9.3
Codes cannot be redeemed for cash nor refunded, exchanged or used for purchase of other codes.
9.4
Please be aware that when using a code or another offer, specific provisions relating to the code or offer will apply in addition to these terms and conditions (particularly period of validity).
9.5
After expiry of the respective period, the subscription access ends automatically and you will be downgraded to the Free Service. If you want to continue the subscription access use, you can enter into a new subscription (cf. 4.) any time. If you intend to delete your entire account, you can do so via the settings of our Web-App (cf. cipher 8.2.). All data will be deleted irrevocably in this case.
10. Liability
10.1
Blinkist shall not be liable for user damage claims. Blinkist shall only be liable for damages arising from body, life or health violations or from violations of material contractual duties (cardinal duties) as well as for damages for other damages arising from intentional and gross negligent breach of duty of Blinkist, its statutory agents or vicarious agents. Material contractual duties are duties that are required to make proper performance of the contract possible and on whose fulfillment you can rely.
10.2
In the event of violation of material contractual duties, Blinkist shall only be liable for the contractual and typically foreseeable damages if these were caused by slight negligence, unless, damages arising from injury to life, body or health are present.
10.3
The restrictions stipulated under ciphers 10.1. and 10.2. shall also apply for duty violations of vicarious agents and statutory agents of Blinkist if claims are made directly against these.
11. Warrant of merchantability
Blinkist grants a warrant of merchantability in accordance to the law.
12. Final Provisions
12.1
If one provision of these terms and conditions shall be void, the remainder of the contract shall remain unaffected thereof. The void provision shall, if applicable, be replaced by the statutory provisions.
12.2
The laws of the Federal Republic of Germany shall apply; excluding the EGBGB conflict of law rules and the UN-Convention on the International Sale of Goods (CISG). Statutory provisions (especially consumer protection provisions) legally required by a customer’s country of residence remain unaffected.
12.3
The exclusive place of jurisdiction for all disputes directly or indirectly resulting from the contractual relationship shall be the competent court at Blinkist’s registered seat of business if you are an entrepreneur, a legal entity of public law or a special public fund, or have no general place of jurisdiction within the Federal Republic of Germany or another EU member state or relocated your residence/business seat after application of these Terms abroad and outside the European Union.
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