Terms and conditions
Last modified: April 14, 2024
1. General Provisions
Exmo provides its web-related and other services based exclusively on these Terms and Conditions (T&C). Customers within the scope of these T&C may include both consumers and companies. Consumers are individuals with whom a business relationship has been established, but who cannot be attributed to any commercial or self-employed profession and who have at least limited legal capacity. Companies, on the other hand, encompass individuals, legal entities, or legally constituted private limited companies acting in the exercise of their commercial or independent professional occupation.
By completing, sending, and confirming the application in the form of a confirmation email according to the generally known “double-opt-in” procedure (DOI), the customer accepts these T&C as solely decisive for the entire business relationship.
Any additional or supplementary agreement or agreement differing from these T&C requires written form. Verbal side agreements require written confirmation to become effective.
2. Participating in the Exmo Program
All customers who register directly with Exmo are entitled to participate in the Exmo program. Registration can be completed online or offline by filling out the registration form and submitting it to Exmo.
Upon registration, Exmo will create an Exmo account for the customer, marking the commencement of the contract between the customer and Exmo and the customer’s participation in the Exmo program.
During the registration process, customers must provide correct and updated information. Any changes to this information must be promptly communicated to Exmo. Failure to meet this obligation renders the customer liable for any resulting disadvantages.
Registration of multiple customers under one Exmo account is not permitted unless explicitly approved in writing by Exmo. No customer is entitled to hold more than one Exmo account. Exmo reserves the right to cancel all illegally created accounts and the account of the responsible customer without notice. Any credited funds on terminated accounts shall be forfeited.
Exmo reserves the right to reject a customer’s registration without explanation.
3. Revocation
Customers may revoke their registration in writing (e.g., by letter, fax, or email) within two weeks without providing any reason. The revocation period commences at the conclusion of the contract at the earliest. Timely sending of the revocation is sufficient for adherence to the revocation period.
In the event of an effective revocation, mutually received benefits and any derived profits (e.g., credit) are to be returned.
4. Exmo Services
By participating in the Exmo program, customers have the opportunity to generate commission revenue for the referral of offers, which they collect in their Exmo account. With registration for the Exmo program, Exmo will create an Exmo account for the customer’s benefit. Commission revenue is credited to the customer’s Exmo account and displayed as credit.
The Exmo website provides information on current offers for the purchase of goods, services, and other companies (“partner companies”). Exmo also provides information on these offers via separate emails and/or newsletters irregularly.
Commission revenue is credited to customers’ Exmo accounts upon referral of orders by third-party partner companies. The commission becomes payable if specific requirements are met, including the referral of a legally binding order, complete payment of the invoice amount, acceptance of the ordered goods without reservation, expiration of any revocation period, and confirmation of the successful business transaction and payment of the respective remuneration to Exmo by the partner company.
Exmo may make higher and/or other credit entries in all or individual customer accounts at its discretion without prior notification (e.g., during credit campaigns).
In case of non-compliance with obligations or abuse, Exmo may cancel commission payments to Exmo accounts marked as “confirmed” without separate notification to the customer.
Commission payments expire if the Exmo program is not used for 3 years.
5. Accessing the Exmo Account
Customers who register online via the Exmo website can access their Exmo account after verifying their identity to Exmo using their email address and password or any other procedure determined by Exmo.
Customers are obliged to keep their access data safe from third-party access. The password can be changed by the customer at any time. Any use, authorized or unauthorized, with the customer’s password is deemed to be carried out by the registered customer.
6. Data Privacy
Exmo shall only use, store, and process the customer’s data internally to meet the contractual purpose unless the customer has agreed to any other use of their data. The customer has the right to obtain information on the scope and content of their personal data at any time and may demand its deletion, in which case Exmo shall be entitled to extraordinary termination.
Exmo shall not forward the customer’s personal data without explicit approval, unless legally obligated to disclose the data or unless employing the services of a third party obligated to professional confidentiality to enforce its claims.
Further information on the scope and use of collected data is available in the data privacy section.
7. Liability
Exmo does not guarantee the readiness and/or capability of partner companies to accept an order by the customer.
Exmo does not assume liability for the reliability and contractual fidelity of partner companies, the quality and/or serviceability of goods and/or services provided by a partner company, or for infringement of third-party rights through deliveries and/or services by a partner company. Exmo shall not be liable for damages arising from the actions of a partner company and/or from errors or other infringements by suppliers and/or services of a partner company unless Exmo, its legal representatives, or vicarious agents acted intentionally or with gross negligence, infringed essential contractual obligations, or injury to life, limb, or health is involved.
As far as Exmo’s liability is excluded, this shall also apply to the personal liability of Exmo’s employees, representatives, and vicarious agents.
Exmo does not assume liability for damages caused by any of its partners. Warranty claims due to services rendered by Exmo partners can only be asserted against these partners. Furthermore, Exmo is not obligated to compensate the participant for commissions that have not been credited due to failures of the Exmo partners.
Exmo is not liable for contents of external websites, nor is it liable for the Exmo links created by the customer, particularly in the case of infringements of third-party rights.
8. Termination, Canceling the Participation in the Exmo Program
Customers can terminate their participation in the Exmo program at any time without adhering to any terms.
Termination of participation by Exmo is subject to a notice period of 4 weeks. An important reason for termination includes failure to observe these T&C or abuse of the Exmo program despite reminders.
Exmo reserves the right to terminate the Exmo program or to replace it with another program at any time without stating reasons.
9. Changing of the T&C
Exmo is entitled to make changes to these T&C. Changes become effective if Exmo notifies the customer, and the customer does not object within one month after notification. Continued participation after the notification implies acceptance of the changes.
10. Other Provisions
The customer may only offset their claims against Exmo’s claims if accepted by Exmo or legally established in favor of the customer.
Should individual provisions of this contract, particularly these T&C, be or become wholly or partially ineffective, the effectiveness of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced with the respective statutory regulation or a regulation that Exmo and the customer would have chosen had they been aware of the ineffectiveness.
The contract, including these T&C, is subject exclusively to Spain law, with the exclusion of all international and supranational legal provisions, particularly the UN Convention on Contracts for the International Sale of Goods.