Allgemeine Geschäftsbedingungen

1. Access to the Reward Store

1.1 Reward Store

The Reward Store is part of the reward program of Muuvr Labs AG (“Muuvr” or “we” or “us”). The use of the Reward Store is exclusively for eligible members of Muuvr Loyalty Program (“Member” or “Members” or “you”) who are aged 18 or older, and who can enter into legally binding agreements. The rules relating to the use of the Reward Store are set out below and should be read in conjunction with the Muuvr Loyalty Program Terms of Service.

Members can use their Muuvr Loyalty Program points (“Point“ or “Points”) along with another means of payment to pay for goods, services, vouchers or coupons (together "Reward(s)") offered from independent merchants (“Merchants”) or to enter into raffles.

1.2 Acceptance of Terms & Conditions

By accessing the Reward Store website (“Site”) or any website linked to the Site and making transactions through the Site, specifically by clicking the "I AGREE" and/or similar buttons, you expressly indicate your acknowledgment and acceptance of the rules applicable to the Reward Store and the Reward Store Privacy Notice

1.3 Acceptance of Electronic Communication

Merchants may send you email service communications, including purchase confirmation emails, and you agree that such electronic communications satisfy any legal requirements that such communications be in writing. Service communications cannot be opted out of and therefore if you do not wish to receive these communications, you will not be able to redeem Points or make any purchases using the Site.

1.4 Relationship between You and Merchants

Rewards are sold and distributed by independent merchants who make available such Rewards directly to you via the Site.

When you purchase a Reward, you directly enter into an agreement with the respective Merchant. Muuvr only provides the access and the technical platform for you to purchase Rewards directly from the Merchant. You agree and acknowledge that separate terms and conditions of the relevant Merchant will apply to certain Rewards. You agree to abide to such applicable terms and conditions, including but not limited to, rules and restrictions on availability, shipment and delivery terms, notification of defects, return and refund policies, money back guarantees and claims for damages. Muuvr will not become a party to the transaction between you and the Merchant. You should read the terms and conditions of the respective Merchant on the Merchant Details tab as you will need to accept that Merchant’s terms and conditions prior to making a purchase.

1.5 Use of the Site

You may only use the Site to make legitimate purchases and shall not use the Site for any other purposes, including making any speculative, false or fraudulent purchases. By accessing and/or using the Site you authorize us to consider any person using your information a legitimate user. Purchases can be made only by you. We bear no responsibility for any consequences of illegal use of your login details. We reserve the right to refuse access to the Site in cases we deem to constitute misuse.

1.6 Restriction on Use

Muuvr will not be held responsible for the exclusion of Members who use the Site unlawfully.

2. Customer Service

For questions related to any product purchased in the Site or to your order, please contact the relevant Merchant. For general questions related to the Reward Store itself and the redemption types, please contact support@muuvr.io.

3. Redemption Types

3.1 Buying

Through this redemption type, Members can purchase Rewards from Merchants in exchange for Points, or a combination of Points and cash by debit card or credit card. For each transaction, the use of at least one Point is mandatory. Please see section 4 below for further details.

3.2 Donating

Through this redemption type, Members can redeem Points by making donations or contributions to Muuvr’s designated charities. Donations can only be made in Points.

3.3 Raffles

Members can redeem Points for raffle tickets to win specified prizes (“Prizes”) published on the Site. To enter you must redeem the specified number of Points for a prize draw ticket, as set out on the raffles section of the Site. Points are deducted from your account once you have placed your ticket(s) order. Tickets cannot be purchased with cash or money equivalent. This redemption type will only be available in jurisdictions where permitted by applicable law.

3.3.1 Eligibility

Entry into raffles or the winning or claiming of Prizes is open to Members over the age of 18 years who are resident in an eligible market. Entry is not open to Members located in jurisdictions where such draws are prohibited by law or regulation or to any of Muuvr’s affiliates, subsidiaries, directors, test-users, employees, or members of such employees’ immediate families.

3.3.2 Raffle Rules

Each raffle start and closing period, time and date of draw and all other applicable terms will be published on the Site. Members will be deemed to have accepted the rules of a raffle when they redeem Points towards raffle ticket(s).

3.3.3 Winners and Confirmation of Identity

After a raffle is closed, the winner will be drawn at random and the decision shall be final. The winner will be informed by email, with his/her consent. The winner may be required to confirm its identity and legal age by providing a copy of the relevant page of its passport, driving license or national identity card. Following receipt and verification of the details above, the winner will be contacted in order to make arrangements for delivery of the Prize.

3.3.4 Winner’s Information

Unless you notify us otherwise, the information you provide when entering a raffle will be used by us to administer the raffle(s), including entering your information into the raffle, notifying you in case of a win, allocating Prizes and publishing your information in a winner’s list. Refer to the Privacy Notice for more information on how your data is handled.

3.3.5 Unclaimed Prizes/Ineligible Entries

In case the winner does not, for any reason whatsoever, accept or claim a Prize, or should it be determined that the winner was not eligible to participate in or was expelled from the raffle for any reason the raffle shall be redrawn.

3.3.6 Raffle Cancellations

We reserve the right to cancel any raffle, for any reason, before or after all or some of the raffle tickets have been sold. In these circumstances we will return the Points redeemed to all participants in the cancelled raffle without obligation to pay any interest whatsoever.

3.3.7 Late/Unsuccessful Entry

We accept no responsibility for entries which are not successfully received, or which are delayed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.

3.3.8 No Conversion of Prizes

The conversion of a Prize into a cash amount and the payment of such cash amount to the winner or any similar transactions is not possible.

3.3.9 Substitute Winner

In case a winner does not, for any reason whatsoever, accept or claim a Prize within a reasonable time, or should it be determined that any winner was not eligible to participate in or was expelled from the raffle for any reason, the Prize shall may be awarded to a substitute winner, in the sequence of their draw. If necessary, a new winner shall be drawn from the existing ticket pool.

3.3.10 Applicable Law

The rules relating to raffles are governed by the laws of Switzerland. As a consumer, you will benefit from any mandatory provisions of the law of the country in which the promotion takes place. Nothing in these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.

By entering a raffle, you confirm that you are not breaching any laws in your country of residence regarding the legality of entering the raffle. In case you participate in a raffle although applicable jurisdiction prohibits raffles and/or raffle participation, we reserve the right not to ship the Prize. We will not be held responsible if you enter into any raffle unlawfully. If in any doubt you should check with the relevant authorities in your country.

4. Purchase of Rewards

4.1 General

You can purchase Rewards via the Site either with Points, or with any combination of Points and cash (by debit card or credit card).

4.2 Payment with Points

You may purchase a Reward for such number of Points unless otherwise indicated differently on the Site, provided that you have sufficient Points available on your account at the time of purchase. Points that are not yet accrued and credited to your account at the time you place the purchase order are not available for redemption. Should you not have sufficient Points available at your account at the time of the purchase, or should you prefer to pay only part of the Reward in Points, you may pay the difference in cash (by debit card or credit card) in accordance with these terms and conditions. Points are deducted from your account as soon as a reward is purchased.

4.3 Payment by Debit Card or Credit Card

You may pay part of the Reward price in cash by debit card or credit card. For payments by debit card or credit card, a secure Credit Card Internet Gateway Service (with for example 3D Secured) is used. The communication with the payment gateway happens via https. The amount as indicated on the Site for the respective Reward will be collected by Loylogic on behalf of the Merchant.

4.4 Conversion into Cash

The conversion of Points into a cash amount and the payment of such cash amount to you or any similar transaction is not possible, not even in the case of the return of a Reward or the refusal of access to the Site.

4.5 Reclaim of Points

Rewards purchased by you with Points that have not been properly debited to your account can be reclaimed by us at any time.

5. Shipping, Handling and Return of Rewards

5.1 General

For shipping, handling, returns or other delivery, the terms and conditions as set out in the relevant Merchant Details tab on the Site are exclusively applicable.

5.2 Shipping

Physical Rewards are sent only to the address explicitly provided with a specific order. Digital Rewards (including coupons and vouchers) can be downloaded via a link in the email sent to the address provided with a specific order. Delivery dates cannot be guaranteed and we do not assume any liability for failed deliveries caused by incorrect physical or email addresses, absence of the recipient, customs issues, force majeure or other reasons not under our reasonable control. Please contact the Merchant in case of non-delivery of the reward beyond the estimated delivery time stipulated on the order confirmation page. Any non-delivery claims received later than 3 months from order date can no longer be processed.

5.3 Fees & Taxes

The prices on the Site include all taxes and shipping and handling fees of the Merchant unless otherwise specified. Nevertheless, for some rewards, you may be required to pay and may bear in addition local duties and taxes such as for example VAT and/or luxury or customs taxes depending on your local jurisdiction. Please check with your local customs authorities prior to purchasing a Reward.

5.4 Withdrawal Period

Where required by applicable law, Merchants give a 14-day withdrawal period dating from the day on which you received the Reward. The withdrawal period shall however always comprise at least 7 working days from the day on which you received the Reward. During this period, you have the right to withdraw from the purchase by notifying the Merchant and returning the unused and undamaged products in original packaging within 14 days of notifying the Merchant to the Merchant's address. Rewards returned thereafter can no longer be considered for refund or exchange nor can the Points be refunded unless specified otherwise. There may be a longer withdrawal period or no withdrawal period for perishable or customized items or for digital products or downloads – please refer to the Merchant Details tab on the Site for more details.

5.5 Return Handling

In case a Merchant grants a return period that exceeds any legally required withdrawal period, such terms as set out in the relevant Merchant Details tab in the Site are exclusively applicable. In case of (i) returns in accordance with the applicable terms and conditions of the relevant Merchant, or (ii) unsuccessful delivery due to your actual fault (e.g., insufficient or incorrect delivery address or no physical acceptance of the Reward at the nominated delivery address) you may be charged with incurred credit card fees, additional shipping and handling fees, and any other taxes and expenses in connection therewith.

5.6 Guarantee Period

In case of an existing fault in a Reward, such guarantee periods, if any, as set out in the relevant Merchant Details tab are exclusively applicable.

6. Personal Information

6.1 Processing of Personal Information

We process personal information as required to operate the Muuvr Loyalty Program as explained in the Muuvr Loyalty Program Terms of Services and Privacy Notice.

6.2 Confidentiality of Credentials

Access to and use of password protected and/or secure areas of the Site is restricted to authorised persons only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. You are responsible for maintaining the confidentiality of your credentials, including your account and password, and for restricting access to your computer to prevent unauthorised access to the Site. You agree to accept responsibility for all redemption and other activities that occur under your account or password. You should take all necessary steps to ensure that the credentials are kept confidential and secure and should inform Muuvr immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

7. Limitation of Liability

7.1 Contracting Party

When purchasing Rewards through the Site, you enter into a purchase agreement with the relevant Merchant of the product, and not Muuvr. You expressly acknowledge and agree that Merchants are independent contractors and not employees or agents of Muuvr. Muuvr is not liable for the acts, errors, omissions, representations, warranties or negligence of the Merchants. Muuvr shall not be responsible for or liable to you in connection with any restrictions, qualifications, or other terms and conditions imposed by the Merchant on any reward items. As far as permissible by applicable law, Muuvr hereby disclaims any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the Rewards provided by any Merchant through the Site, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such Merchant and you hereby expressly exonerate Muuvr from any liability with respect to the same. To the extent permitted by law, Muuvr excludes all liability to you or other person of whatsoever nature in respect of any negligence, willful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide the services by or on behalf of a Merchant.

7.2 No Warranty

Muuvr does not warrant or represent that the content on the Site or any website linked to the Site is complete or up-to-date. Muuvr is under no obligation to update any content on the Site. Muuvr may change the content on or make improvement or changes of the Site at any time without notice. The information, products, and descriptions of rewards and other services published on the Site or a linked site may include inaccuracies or typographical errors, and to the extent permitted by law, Muuvr specifically disclaims any liability for such inaccuracies and errors.

7.3 Limitation of Liability

You agree that Muuvr and its affiliates and any of its respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site, or with the delay or inability to use the Site or a linked site, even if they have been made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labor problems or any force majeure. Muuvr cannot and does not guarantee continuous, uninterrupted or secure access to the Site.

7.4 Legal Remedies

Muuvr reserves the right to seek all remedies available at law and in equity for any misuse of the Site and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing the Site.

8. Subcontracting

The Site is operated by Loylogic on behalf of Muuvr. Debit card transactions are processed by Loylogic Inc, Seestrasse 78, 8703 Erlenbach, Switzerland, on behalf of Muuvr . The Loylogic parties are not a party to any contract with you and/or with a Merchant in relation to the Site. You expressly acknowledge and agree that neither of these parties will have any liability to you to the maximum extent permitted by law, and, in particular, that the limitation of liability under sec.7 above will apply as between you and any of these parties to their benefit.

9. Copyrights Trademarks & Patents

The trademarks, logos and service marks (collectively "Marks") displayed on the Site are the property of Muuvr or of the Merchant or another third party, as the case may be. You are prohibited from using any Marks for any purpose including, but not limited to, the use as metatags on other pages or sites on the World Wide Web without the written permission of Muuvr or such other party which may own the Marks. All information and content including any software programs available on or through the Site (collectively "Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You take note that one or more patents apply to the features and services accessible via the Site, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.

10. Exchange Rates

All exchanges rates displayed on the Site in connection with any reward transactions are under license from XE.com.

11. Updates to Terms and Conditions

These terms and conditions may be updated from time to time. Any changes will become effective upon our posting of the Terms and Conditions on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Site.

12. Governing Law

These terms and conditions are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in all disputes arising out of or relating to the use of this Site. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.