Last Updated: March 10, 2021
These conditions (hereinafter referred to as “Terms”) govern the access to and use of the platform and options (hereinafter referred to as the “Services”) provided by Shouter ApS (DK40020179), Marselisborg Havnevej 30 ST, 8000 Aarhus C, Denmark. (hereinafter referred to as "Shouter") makes available to its members. Members are then referred to as "you", "your", "yours" etc.
Your access to and use of the Services can only be done with your prior consent. Shouter strictly ask and advise that you read these terms carefully before using the Services.
Additional terms apply to partial services. You need to accept such special terms before usage. In addition to these Terms, additional terms apply and in the event of any discrepancy, the Additional Terms shall prevail over these Terms.
These terms and additional terms may be unilaterally changed by Shouter. You will be notified at your login to the Services, and by continuing to use the Services after such information, you automatically accept the changes. Information can also be sent via email or other contact information you may have provided.
The services constitute a technology platform that allows members to utilize individual personal skills and time through periods of time. In this connection, it is made clear that Shouter only facilitates the overall contact between the members, as the members themselves arrange and plan shouts and tasks individually and together (hereinafter referred to as "final agreement"). Any final agreement is entered into without any responsibility for Shouter, be it in relation to the content and terms of the agreement, deficiencies and complaints thereafter.
All information regarding shouts, tasks and transactions offered through the Services is solely based on information from the member offering the required personal information and Shouter assumes no obligation to review the individual members' accounts and prerequisites for either performing shouts and tasks nor engaging with each other through the Services.
Services are provided as a limited, non-exclusive, revocable, non-transferable license. The license includes access to and use of the Services provided by Shouter.
You may not modify the content, circumvent the system or remove any copyright, trademark or other proprietary notices from any part of the Services, reproduce, distribute, license or otherwise exploit and utilize the Services except as expressly permitted for the purposes set out above.
The services are made available as-is; this means that Shouter does not guarantee that the Services or any part thereof will operate on specific devices. No specific uptime is guaranteed and you must provide the necessary protection against viruses, malware, etc. yourself, as Shouter will implement the necessary and reasonable protection of data and system in the software. There is no compensation for malfunctions and delays.
2. Member Accounts
You must create a member account and in this regard provide the information Shouter may require from time to time. You must be at least 18 years old and Shouter may require ID verification with valid photo ID. Account registration requires that you submit certain personal information as well as at least one valid payment method (either a credit card or an accepted payment partner). You are responsible for updating the data at all times, which must be done via your personal acces to your profile at the Services.
When you want to register as a member, you will be asked to provide personal member data regarding, among other things, name, address, email, telephone number, etc. As a member, you therefore expressly consent to this information being processed, stored and disclosed by Shouter to our affiliates, cf. the section on Third Party Services and Content.
The Services may not be used by persons under the age of 18 and you may not entrust the use to others.
3. Final Agreements
Final agreements regulate the relationship between members (shouters & and doers) regarding one or more tasks and shouts. If a final agreement is not complied with, including the additional terms that apply, Shouter may close a member's profile without notice.
The service alone acts as a place where members can connect with each other and Shouter is not part of the final agreement between members.
Specific terms for any given shout successfully solved by a member & doer of the Services community, should be perfectly illuminated in the final agreement.
Members are fully responsible for all information, including images, text, and other content advertised and subsequently stated in a final agreement.
If a member wishes to enter a final agreement, the member can send a request/inquire and/or a message. By sending a request and/or sending a message through Shouter to another member of the Services, you agree that Shouter carries out all communications in Shouters internal communication system, including that Shouter may access and read communications at any time. This is to ensure that no member bypasses the Services by using them, deliberately- or accidentally entering into an agreement or settlement outside of Services owned by Shouter.
The final agreement is entered into through the Services and if online payment is enabled, members will be able to pay with his/hers debit card through a payment gateway offered by Shouters third party payment provider.
4. Access and Communications
Any communications through the Services may be viewed by employees and/or representatives of Shouter, and Shouter may remove or edit information from such communications as well as Shouter may from time to time use third-party e-mail servers to send and track receipt of e-mail messages. queries emails, as well as to analyze the pattern of query function usage reported by these tracking systems from third parties.
The use of the Services is charged with payment to the members with whom you enter into a final agreement. In addition, there may be payment fees and costs for Shouter. You must use the payment gateway offered by Shouter. It is clarified that Shouter is the sole agent and in no way guarantees payment or liability for any part of the final agreement.
If you cancel/annul an appointment with another member, you may have to pay the cancellation fee. The responsibility to agree on any repayment of amounts lies between the shouter and the doer. Opportunities and terms are stated in the individual final agreement you enter into with the other member.
6. Third Party Services and Contents
Submitted member data is recorded and stored by Shouter as a data controller and, if necessary, made available to you and other members who wish to conclude a final agreement. In order to protect personal data and protect privacy, member data is treated strictly confidential, except as mentioned above, and Shouter continuously ensures that IT solutions are sound and processed in accordance with good data processing practices.
You must not disclose sensitive information about eg. religion, race, political affiliation, union relations, sexual orientation, health information, etc., as we may not be authorized to process and disclose such information. If you expect to provide information in this respect, Shouter reserves the right to delete these without notice.
You may be informed at any time what information is registered about you and you have the right at any time to request that the registered information be deleted.
7. Taxes and Fees
Yourself are solely responsible for paying all taxes and fees in relation to every accumulated earning made of/via/through the Shouter Services etc. To further extent, Shouter is required to withhold/collect/settle taxes and/or fees, you agree that Shouter will, as a result, do so and thereby in connection settle any amounts to the public accordingly.
In addition, you are responsible for your tax matters, including advance tax registration, tax statements and/or tax related records.
When you create a member account, you agree to receive binding messages and information regarding your profile and usage via the contact information you provide (email, sms, address etc.). You can change your preferences at any time (with due regard to the minimum requirements to be met) on your personal profile.
9. Disclaimer and Limitation of Liability
To maintain a high level of credibility concerning the Services, Shouter may at any time, without notice and without any responsibility, delete, suspend or change your profile if you provide incorrect information, violate these Terms or any other applicable law.
The services are provided as “they appear” and “as they are available”. Shouter disclaims all responsibility and obligation. Final agreement is entered into solely between the members and without the responsibility of Shouter for reliability, quality, quantity, condition or anything else regarding the services or any services a member provides, offers and agrees to.
11. Limited Liability
Under no circumstances will Shouter be liable for any direct or indirect loss, incidental, punitive or consequential damages, including lost profits, data, personal injury or property damage related to the Services and/or the results of using the Services.
You agree to indemnify and exempt Shouter, its employees, directors and management from any claim, liability, obligation, loss, responsibility and expense (including attorneys' fees) arising out of or in connection with the use of the Services.
You must regularly keep up to date with the applicable conditions that can occur due to changes in Shouters services, legislation and etc.
If you have any questions about Shouters systems and the Services or conditions, please don’t hesitate but feel free to contact Shouter by email: email@example.com
If a dispute arises on the basis of the services, website and Services or related matters in the relationship between you and Shouter, the dispute must be decided in accordance with Danish law and in the Danish courts with the Aarhus City Court as agreed venue.
In case of dissatisfaction with our services or our treatment of any given case, you should never hesitate but feel free to contact us directly. If we are unable to find a joint solution, complaints can be filed with 'forbrugerklagenævnet' (Consumer Complaints Board) if you are a consumer. Read more at www.forbrug.dk
Shouter ApS DK40020179, Marselisborg Havnevej 30 ST, 8000 Aarhus C, Denmark.