Terms of Use E-Wallet App

Terms of Use E-Wallet App

1. General

2. Service

3. Support

4. Registration or Authentication

5. External payment providers

6. User’s duties of care

7. Fraud Control

8. Blocking Access

9. Costs

10. Rights of use and intellectual property rights

11. Intellectual Property Rights and Use Restrictions

12. Limited warranty

13. Limitation of liability

14. Indemnification

15. Termination

16. Changes to the terms of use

17. Severability clause

18. Applicable law and place of jurisdiction

General

These Terms of Use (hereinafter:”ToU”) govern the terms and conditions under which Invenda Group AG (hereinafter: “we” or “Invenda”) provides the E-Wallet App (“E-Wallet”) to its users (hereinafter: “User”; “you”) for use. By using the E-Wallet, you accept the currently valid ToU in full and unchanged. These ToU shall be deemed accepted as soon as User gives their consent in the E-Wallet during registration.

Service

1. User will receive access to the current version of the E-Wallet. The current functionalities and services of the E-Wallet are described in general in the ToU and the app. We may amend or change functionalities or services of the E-Wallet at any time, in particular to improve the E-Wallet or as a result of regulatory changes.

2. We offer you a mobile payment application as a web app.

3. You can use the E-Wallet to select product and as a means of payment at our vending machines and with all merchants or service providers that allow making purchases through the E-Wallet.

4. You can place your order through the E-Wallet or directly via vending machine. The E-Wallet only facilitates the ordering and payment process, and you will purchase your goods or services from the vending machine or another point of sale.

5. Access to the E-Wallet is provided free of charge. Thus, we reserve the right to discontinue the operation of the E-Wallet at any time and without giving any reason.

Support

We will provide you with a help function within the E-Wallet that offers technical and user support. We may use third parties for the provision of this support.

Registration or Authentication

1. The creation of a personal user account is not mandatory for all features. It may be mandatory for others.

2. You have the possibility to create your personal user account. A user account allows you to save your personal information, enabling you to check out faster. Furthermore, certain additional features and promotions are only available with a user account.

3. We offer different methods of authentication via third party authentication providers (e.g., Google, Facebook and Apple) or to register with your e-mail address. You will need to add some additional information to be able to use the payment functionalities in the E-Wallet.

4. We do not have any obligation to verify the identity of Users. We disclaim all liability for identity theft or any other misuse of your identity or information that you permit any third party to access.

External payment providers

1. E-Wallet is not a licensed payment provider. We rely on the services of an external payment provider to facilitate all payments. When you make a purchase, you will be redirected to our payment provider’s portal to execute the transaction. If we receive confirmation of a successful transaction, we will complete the purchase (e.g., dispense the item from the vending machine). We currently use Adyen. Adyen’s Terms and Conditions apply to the part of the transaction that is executed through their platform.

User’s duties of care

1. You are responsible for keeping your access to your third-party authentication provider secure, a sufficiently complex password, and all activities performed on your user account secure. In addition, you are obliged to keep your login data (passwords and other means of identification) confidential.

2. You need an internet connection to use the E-Wallet. We are not responsible for providing a functioning internet connection. We recommend that you use the latest version of the browser you are using.

3. If you use a smartphone, you must protect your smartphone against unauthorized use or manipulation (e.g. by locking the device or display and by keeping it updated).

4. If you have reason to believe that unauthorized persons have control over your access to the authentication application or knowledge of your password, you must change the password immediately and inform us. If you suspect misuse of your user account by a third party, you can have it blocked anytime. As long as we do not receive any notification, we consider any person who has authenticated themself with User’s login data as authorized to use the E-Wallet on behalf of User. We disclaim liability for any damages if the person logging in has authenticated themself with the password or through a third party authentication application.

5. If you suffer damages, you must, to the best of your knowledge, contribute to clarifying the case in question and help mitigate the damage. In the event of criminal acts, you must file a complaint with the police.

6. Prior to each payment of a purchase, you must check the details to prevent incorrect transactions. If you discover any discrepancies, you must immediately notify the provider of your linked payment method (e.g., credit card company) and us. 

7. You acknowledge and undertake not to misuse the E-wallet and its functionalities, and not to violate any legal regulations under applicable law. In the event of a violation, you are responsible for the damage and hold us harmless. 

Fraud Control

1. All transactions processed by the payment provider will be screened by its fraud control tool, which performs a number of checks on the transactions and attaches a resulting total score to each Transaction, which represents the likelihood of the transaction being fraudulent. 

2. The fraud control tool does not guarantee the prevention of fraudulent transactions. If you suspect a fraudulent transaction, you should immediately report it to your credit card company. 

3. We reserve the right to cancel transactions if we have reasonable grounds to suspect to be fraudulent or involving other criminal activities, even if the fraud control tool failed to block the transaction.

Blocking Access

We may temporarily block your access to the E-Wallet or delete your account if you violate the ToU, if we suspect a violation, if we have reasons to believe that an unauthorized person has gained access to your account, or if we suspect other illicit behavior. The decision in this regard is at our sole discretion.

Costs

1. We provide you with the E-Wallet free of charge. However, you must provide Internet access yourself, and you will need a valid credit card to make payments through the E-Wallet.  

2. When paying with the E-Wallet, the amount is debited at the purchase.

Rights of use and intellectual property rights

1. We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable worldwide right to access and use E-Wallet during the term of use in accordance with the purposes and intended use of the E-Wallet, and strictly in compliance with this ToU (“Right of Use”).

Intellectual Property Rights and Use Restrictions

1. Copyright and other intellectual property laws protect the E-Wallet. We reserve all rights not expressly granted under this ToU. Nothing in this Agreement shall be construed to impair, preclude or prohibit Invenda from continuing to develop, use or commercialize the E-Wallet. 

2. User shall not, and shall not permit any third parties to rent, lease, lend, resell, or transfer E-Wallet or any part thereof; modify or create derivative works based on E-Wallet; disassemble, decompile or reverse engineer the E-Wallet; or work around technical limitations of the E-Wallet or security measures incorporated therein; except (in each case) to the extent applicable law permits the User to do so.

Limited warranty

1. We strive to ensure the highest possible availability of the E-Wallet as well as the most trouble-free use of the services offered. However, we do not guarantee uninterrupted and trouble-free availability of the E-Wallet. 

2. We do not warrant that we will correct all errors and disclaim any warranties as to the accuracy and completeness of the data displayed on the E-Wallet or the suitability of the E-Wallet for any purpose other than the purpose shown or described on the E-Wallet. We make the E-Wallet and its services available to you on an “As Is” basis. We excluded any other warranty, such as, without limitation, that we will provide the E-Wallet of a particular quality or that the E-Wallet will meet all of your requirements. 

3. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.

Limitation of liability

1. Invenda’s liability for any damages, whether derived from torts or breaches of contract (“Damag-es”) in connection with User’s access and use of the E-Wallet shall be limited to the amount of CHF 2’000.00 (or equivalent) per calendar year. The foregoing limitation shall not apply to Damages caused by unlawful intent or gross negligence.

2. To the maximum extent permitted by applicable law, we shall not be liable, in any event, to you for any consequential or indirect damages, including without limitation lost profits, loss of use, cost of procurement of substitute goods or services or for any indirect, or punitive or other non-compensatory damages. 

3. The foregoing limitations apply to the maximum extent permitted by applicable law. 

Indemnification

1. User agrees to diligently defend, and to hold harmless and indemnify Invenda and its directors, officers, employees, shareholders, affiliates, suppliers, contractors, agents and representatives from and against any and all liability, claims lawsuits, losses, demands, damages, costs and expenses, including without limitation attorney’s fees and costs (“Losses”), arising directly or indirectly from any breach of User’s obligations arising from this ToU.

Termination

1. The Agreement is concluded for an indefinite period of time.

2. The term of these ToU begins with your registration and ends when you decide to stop using the E-Wallet and after you have deleted your user account or we have excluded you from using the E-Wallet due to a violation of the ToU (termination without notice). 

3. The term of these ToU also ends if we decide to discontinue the E-Wallet. 

4. We will confirm the cancelation of the user account. Yet, we must retain certain profile data beyond the term of the contract due to compliance and archiving obligations. Thus, we are unable to delete all data immediately. 

Changes to the terms of use

1. We reserve the right to amend these ToU at any time, particularly to adapt them to technical or legal developments.

2. We will notify you of any changes to the ToU in a reasonable manner via the E-Wallet or email. Your continued use of E-Wallet after notification constitutes your acceptance of the changes.

Severability clause

1. If one or more provisions of this ToU should be or become invalid or unenforceable, or should an unintended gap become evident in the implementation thereof, this shall not affect the validity of the remaining provisions. Invenda and User shall replace the invalid or unenforceable provision or, respectively, fill the unintended gap with a legally valid and enforceable provision matching the economic purpose of the original provision as closely as possible.

Applicable law and place of jurisdiction

1. To the extent permitted by law, this ToU and all legal relationships in regard to the E-Wallet App shall be exclusively governed by and construed in accordance with the laws of Switzerland. Its conflicts of laws rules and the provisions of the U.N. Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

2. Subject to the existence of mandatory statutory provisions to the contrary, all disputes arising from or in connection with this ToU and E-Wallet shall be resolved exclusively by the ordinary courts of Invenda’s official domicile, Switzerland.

Last updated November, 2022