HomeGimifun Partner Agreement

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Last updated: 7 June 2020

Terms

Gimifun / Gimifun.com / Gimifun platform: Gimifun is domiciled in The Netherlands. Chamber of Commerce #77343506. The platform is Gimifun.com and all associated websites / verticals.

Partner(s): the company that will be listed on Gimifun.

Activity: an experience offered by the Partner.

Booking: the reservation of an Activity at the Partner through Gimifun

Visitor(s): person(s) or parties which completes a Booking at the Partner through Gimifun.

Service

Gimifun lists activities around the world. Visitors will be able to book these activities directly at the Partners through the Gimifun platform. 

Model

Gimifun charges 15% commission over the gross generated revenue including VAT which is generated by the Partner through Bookings on Gimifun. Commission will be charged for Bookings which:

• Are made directly or indirectly through the Gimifun platform


• Are paid for by the Visitor


• Are not cancelled by the Visitor


• Are not refunded to the Visitor


• Are not a no-show

The ranking of search results on the platform will be under Gimifun’s authority.

Partner will respond to a booking request within 48 hours.

Gimifun is free to reward Visitors at their own costs for making a booking at the Partner, in the form of loyalty points, reward systems or cashbacks.

Cancellations and no-shows

Unpaid cancellations will not be part of the commission structure.

Unpaid no-shows will not be part of the commission structure.

Paid cancellations and no-shows remain part of the commission structure.

Partner will notify Gimifun about a cancellation by a Visitor within 3 working days of the cancellation. 

Partner will notify Gimifun about a no-show of a Visitor within 3 working days of the no-show. 

Partner will notify Gimifun about a cancellation by the Partner within 3 working days of the cancellation.

In case the Visitor has paid a non-refundable deposit and cancels or is a no show, Gimifun will charge a the full commission fee over the deposit amount.

Partners are solely responsible for refunding any paid amounts of Bookings.

Gimifun retains the right to cancel this agreement with immediate effect in case of falsified cancellations or no-shows. 

Intellectual Property

Partner gives Gimifun the rights to all use texts, image files and video files which can be found on the Partner’s website and social media accounts for promotional and informational purposes on the Gimifun platform. Intellectual property rights will remain with the Partner at all times.

Partner allows Gimifun to translate all texts on the Partner website to any language.

Partner gives Gimifun the right to use the Partner’s name, image / video files and descriptions in online and offline marketing, email marketing and Pay Per Click advertising. Gimifun marketing activities are solely decided upon and financed by Gimifun. 

Gimifun offers Visitors the chance to leave reviews on Partners. Gimifun is solely a distributor of these reviews and may not share the opinion. Gimifun is not responsible for any consequences or damages stemming from the reviews. Gimifun retains the right to reject, edit or delete reviews. The copyright of these reviews remains with Gimifun. 

Payments

Gimifun will send an overview of completed Bookings and the outstanding balance of the commission payments on every 20th day of every month.

Gimifun will invoice the partner on the 25th day of every month on the generated commission payments in the previous month.

The invoice is payable by bank transfer within 21 days.

Gimifun needs to be notified of any errors on the invoice within 14 days by email or phone. 

Every commission payment will be free of any adjustments or deductions.

Partner will need a valid VAT registration / number.

In case the Partner is based in an E.U. country other than The Netherlands, the VAT is reverse-charged.

Partner will notify Gimifun immediately in case of extraordinary circumstances, e.g.:

• Price changes


• Damages to Visitors


• Changed offering


• Product availability change


• Termination of activities

Gimifun retains the right to offer Visitors discounts to the Activities of Partners at the cost of Gimifun. These discounts will not surpass the commission amount.

Late and or non-payments can be subject to interest payments and incurment costs as dictated by Dutch law. All extra costs related to late or non-payment are entirely for the Partner.

Privacy

Gimfun will not share personal Visitor data with third parties. 

Gimifun will only share personal Visitor data with Partners which is necessary to complete a Booking.

Gimifun can collect data about Visitor browsing and Booking activity.

Partner allows Gimifun to send Partner periodic market insights by email.

Liability

As far as law permits, Gimifun is not liable for any direct or indirect damages arising from use of the Gimifun platform, including viruses, DDOS attacks, loss of data, loss of files, malware, spyware and loss of revenue or profit.

Partner is responsible for all necessary insurances, licenses and other government authorizations to offer the Activities to Visitors.

Partner indemnifies and exempts Gimifun from any claims made by Visitors and any other third parties.

Eligibility

This agreement is subject to Dutch law. Any disputes will be presented for judgement to the courts in the Rotterdam District in The Netherlands.

Any mistakes or invalidations of any articles in this agreement have no effect on the standing of the other articles of this agreement.

Any terms or conditions from the Partner are not part of this agreement.

Gimifun retains the right to cancel its activities with immediate effect at any point in time.

Gimifun and Partner have the right to cancel this agreement with a notice period of 3 (three) months. This agreement can be cancelled by email.