Terms and Conditions for the Testing and Evaluation of Erotic Lifestyle Products
The host of the tests is WOW Tech Europe GmbH, Friedenstrasse 91a, 10249 Berlin, Germany (hereafter: WOW Tech).The participation in the tests and their implementation are subject to the following provisions.
1 Subject matter
1.1 The subject matter of these terms is the participation of the Tester in the “tester program” of WOW Tech. As part of this program, the Tester tests and evaluates specific erotic lifestyle products (hereafter: “Testing”). These products involve erotic lifestyle products from WOW Tech's current and expected future product range (including prototypes of such products) as well as erotic lifestyle products from competitors (hereafter: “Products”).
1.2 As consideration for the Testing, the Tester may keep the Products that he/she has tested and/or may receive monetary compensation. The nature of the compensation and the amount of the monetary compensation, if any, shall be determined by WOW Tech at its sole discretion considering the actual Testing efforts.
1.3 To apply for this program and to participate in the Testing, the Tester must be at least 18 years old. By confirming these provisions, the Tester confirms that he/she is at least 18 years old.
2 Selection of Testers
2.1 WOW Tech selects the Tester from a Tester-Register and usually inquires about his/her availability by email. Whether and for which Product WOW Tech approaches the Tester is at the sole discretion of WOW Tech. The Tester is not entitled to participate in a specific Testing.
2.2 The Tester declares within a deadline to be determined by WOW Tech whether or not he/she would like to participate in the Testing. The declaration must be made to WOW Tech by email. If the Tester does not make this declaration until the given deadline, the request for participation in the specific Testing expires, and WOW Tech may choose a different Tester.
3 Guaranteed services
3.1 If the Tester confirms his/her participation in the Testing pursuant to Sec. 2.2, WOW Tech will send him/her the Product to be tested by mail. The user manual and safety instructions may be sent by email. If the Product is returned to WOW Tech because the address details of the Tester are incomplete or incorrect, WOW Tech reserves the right appoint a different Tester.
3.2 The Tester is required to perform the following services within a period of time as specified by WOW Tech:
- Test the Product in accordance with the user manual and the safety instructions,
- Fully and timely completion of the questionnaire.
3.3 WOW Tech (through a service provider as the case may be) will send to the Tester a link for the questionnaire. It is possible to answer the questionnaire anonymously. In such cases, it is not possible for WOW Tech to allocatethe questionnaire to a specific person.
3.4 Should the Tester not or not fully complete the questionnaire, even after a request to do so by WOW Tech, WOW Tech reserves the right to claim damages. Furthermore, WOW may remove the Tester from Tester-Register.
4 Exclusion of liability
WOW Tech is liable, for whatever legal reason, according to the following conditions:
4.1 There shall be unlimited liability for (i) intentional or grossly negligent cause of damage, (ii) injury to life, limb or health, (iii) the provisions of the Product Liability Act and (iv) the extent of an assumed warranty.
4.2 In case of simple negligent breach of an obligation that is essential for the completion of the test and on which fulfillment the Tester may trust and is allowed to trust (cardinal obligation), liability shall be limited to the typical amount foreseeable for the provision of the contractual service.
4.3 There shall be no liability for WOW Tech that exceeds the liability as described in Sec. 4.1 and 4.2. The above provisions shall also apply in the case of a breach of obligation by vicarious agents.
5 Intellectual property
5.1 WOW Tech does not grant to the Tester any intellectual property rights neither to the Products nor otherwise.
5.2 WOW Tech may use the questionnaire and the feedback provided by the Tester for its business purposes.
6 Confidentiality agreement and data protection
6.1 The Tester shall not disclose or make available to third parties any confidential information about the Products and/or WOW Tech for the duration of these terms and thereafter. Confidential information shall include such information of which the Tester knows or must assume that WOW Tech wants them to be kept confidential (including product ideas, prototypes, new products, target course of the questionnaire etc.).
6.2 Reference is made to the separate data privacy statement that shall be an integral part of these terms.
Each party may terminate these terms and the Tester Agreement in writing (e.g. by email) without notice and with immediate effect.
8 Final provisions
8.1 These terms supersede any and all prior written and verbal agreements about the Testing.
8.2 The invalidity of one or more provisions of these terms shall not affect the validity of the remaining terms. The parties shall undertake to replace the invalid term with a valid term that best reflects the economic purpose of the other terms. The same shall apply to any gaps.
8.3 WOW Tech informs that WOW does not participate in the dispute settlement procedures of a consumer conciliation committee and that it is not obliged to do so.
8.4 These terms are subject to the law of the Federal Republic of Germany, excluding conflict of law rules. Place of performance and exclusive place of jurisdiction is Berlin.