Terms and Conditions
B-WARDS® Loyalty Program
Date of issuance: January 14th, 2020
These Terms govern your use of the App and its Functionalities in the context of benefiting from the Program.
These Terms are entered into by the Members and the Company.
The Company may at any time amend, modify or supplement these Terms by notifying such amendments or modifications or supplementation to the Members via email or notification on the App. The continued participation in the Program will constitute Member's acceptance of any such amendment, modification, or supplementation.
The Company also reserves the right, without prior notice, to cancel and/or withdraw these Terms at any point of time at its own discretion, which inter alia includes the right to withdraw or cancel any or all of the Points issued, refuse to award Points, refuse to withdraw Points, refuse the right to redeem Points collected for any breach of these Terms and/or failure to pay for the purchases which normally allow you to obtain Points.
| App | shall mean the application B-WARDS® which can be downloaded from the AppStore or the Google Play Store and allows the Members to join the Program. |
| App content | shall mean all the rights related to the content of the App, included but not limited to the software, algorithms, codes, audio files, videos, texts, layouts, animations, files, pictures, domain name, programs, products, processes, technology, content, source code, object code, designs and other material or information which appear or is displayed on the App. |
| Points | shall mean the loyalty points earned by the Members when purchasing products and/or services in Partners’ Shops and/or through Partners’ E-Shops. |
| Points Redeem Code | shall mean the QR code displayed on the App which enable the Member to pay the amount of a Transaction (or a part of this amount) with his/her Points. |
| Company, we, us | shall mean WOORFEE SA, a swiss-based company with registered office in Avenue du Casino 32, 1820 Montreux , Switzerland. |
| E-Shop(s) | shall mean any online shop run by a Partner through which Members may obtain Points by purchasing products and services. The exhaustive list of the E-Shops is attached as Appendix A of these Terms. |
| Functionalities | shall mean the functionalities of the App which consist in allowing the Members to earn, collect and use their Points. |
| Gift card | shall mean the Functionality of the App which allows the Members to create a gift card of Points which can be used in Shop and E-Shop. |
| Intellectual property rights | shall mean especially but not limited to copyrights, patents, registered design, design rights, service marks, database rights, trademarks, trade secrets, applications for any of the foregoing, know-how, confidential information, trade and business name or any other proprietary or industrial right, whether registered or unregistered. |
| Member(s) | shall mean any natural person who downloads the App and creates a Member Account on it in order to earn, collect and use Points when purchasing products and services in Partner’s Shops and/or through Partners’ E-Shops. |
| Member Account | shall mean the personal account created on the App that allows the Members to earn, collect and use his/her Points. |
| Partner(s) | shall mean any natural or legal person who runs a Shop and/or an E-Shop in which Members may obtain Points by purchasing products and services. The Company may also allow temporary partner(s) to participate in the Program from time to time. The Company will inform the Members of the existence of these temporary partners. The terms of these Terms applicable to Partner shall apply in the same manner to the temporary partner(s). |
| Payment data | shall mean all the Personal Data of the Member related to his/her credit card, i.e. his/her credit card number, the period of validity of his/her credit card and the CVC number of his/her credit card. |
| Payment provider | shall mean the Member’s credit card issuer which issue the credit card that the Member uses to purchase Points through the App and/or to finalize a Transaction. |
| Personal Data | shall mean all information relating to an identified or identifiable person collected and processed in accordance with the Privacy policy, the Swiss Data Protection Act (RS.235.1) and, where applicable, the General Data Protection Regulation (GDPR). |
| Pending Points | shall mean the Points earned by a Member at the end of a Transaction which are not already credited to the Member Account and will be credited and available for redeem after ten (10) days. |
| POS Machine | shall mean a "point of sale” machine used by the cashier of Partners’ Shop or, in other words, where your transaction is finalized in Partners’ Shop. |
| Privacy policy | shall mean the privacy policy issued on 14th, January 2020. |
| Program | shall mean the B-WARDS® Loyalty Program run by the Company which allows Members to enjoy the benefits of earning and spending Points on their Transactions. |
| Redemption | shall mean the fact for a Member to use Points previously earned to buy products and/or services in a Partners’ Shop or in a Partners’ E-Shop. |
| Registration data | shall mean the Personal Data requested to create a Member Account, i.e. your phone number, your email address, your first name, your last name and your photography. |
| Sales Return | shall mean the fact for a Member to return the product and/or the service he/she purchased in a Transaction with a Partner within ten (10) days. |
| Shipping data | shall mean the Personal Data related to the place where the product ordered by the Member through a Transaction shall be delivered (i.e. his/her first name, his/her last name and his/her address including the street, the city and the country). |
| Shops | shall mean any shops run by a Partner in which Members may obtain Points by purchasing products and services. The exhaustive list of the Shops is attached as Appendix A of these Terms. |
| Terms | shall mean this version of the Terms and Conditions (January 14th, 2020). |
| Transaction(s) | shall mean the contractual relationship between the Partner and the Member when the latter buys products and/or services in a Shop and/or through an E-Shop which gives him/her the right to obtain Points. |
| Transaction price | shall mean the amount paid by the Member for the products and/or the services he/she purchases to the Partner in the context of the Transaction. The Transaction price defines the number of Points earned by the Member. |
B-WARDS® is a registered trademark property of the Company used in relation to the App offering you an interface and functions to start your experience with the Program.
The Company is a Swiss-based company with registered office in Avenue du Casino 32, 1820 Montreux, Switzerland, which owns and operates the App.
You can join the Program for free and turn your shopping experience to a rewarding one.
The Program is a loyalty program giving you an extremely rewarding shopping experience while shopping across the Shops and/or E-Shops, thereby allowing you to enjoy the benefits of earning and spending Points on your transactions.
Points designates the loyalty points that you can only earn and spend when you shop at a Shop and/or E-Shops. Currently, available for over a thousand products, across 100+ brands, Points can be earned and redeemed even during sales and promotional events.
Download the App from AppStore or Google Play Store and simply present the digital card on your App at the cash counter as you pay in any Shops to earn Points.
If you are shopping through E-Shops, simply enter your Member Account with the online account you have to access the said E-Shop to earn Points.
Just present your App at the cash counter to spend/redeem your Points at any Shops.
While shopping online, use the “Pay with Points” option at checkout, after linking your Member Account to spend/redeem your Points through any E-Shops.
All the Members using the App must accept the terms and conditions of these Terms.
If you are using the App on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
By using the App and/or by benefiting from its Functionalities, you acknowledge that you have read and understood these Terms and agree to be bound by them and to comply with these Terms and all applicable laws and regulations.
If you do not agree with these Terms, you should refrain from downloading the App and/or benefiting from its Functionalities.
The Company grants you a limited, non-exclusive, non-transferable, royalty-free and revocable license to use the App for its intended purposes subject to your strict compliance with these Terms and our applicable policies.
We may at any time introduce new features, change existing features, or remove features from the App at any time and without notice. If you provide us with any feedback on or comments regarding the App and the Functionalities, you grant the Company the right to use such feedback or comments for any purpose without restriction or payment to you.
To become a Member and join the Program, you first have to install the App by downloading it in AppStore or Google Play Store.
You are solely responsible for the downloading of the App and you expressly understand and agree to comply with the suitable terms & conditions and policies of the AppStore and Google Play Store while downloading the App.
Under no circumstances shall the Company be held liable for the content of the terms & conditions and the policies of the AppStore and Google Play Store or for all the process of downloading the App for which the Company has absolutely no influence.
Once they have downloaded the App, all the Members must create a Member Account in order to gather Points and for benefiting from the Functionalities of the App.
To create a Member Account, you must:
By creating a Member Account for benefiting from the Functionalities, you agree:
You expressly authorize the Company to use any Registration data to verify your identity (including any updated information).
You understand and agree that you are obliged to notify the Company of any changes to your Registration data immediately.
The Company reserves the right to reject any registration and to refuse to provide the Functionalities to anyone for any reason, at its sole and absolute discretion, without any obligation to indemnify you.
If you provide false or misleading Registration data or do not notify the Company of changes to your Registration data immediately, the Company reserves the right to terminate or suspend your Member Account immediately and without notice to you or any liability of whatever nature. The Company retains the right to cancel Member Account that have been inactive for more than a year or the Registration Data are considered to be misleading without prior notice to the Member.
You are solely responsible for maintaining the confidentiality of your password and Member Account, and you are responsible for all activities that occur in relation to your Member Account. We will not be liable for any loss or damage from your failure to maintain the security of your Member Account and password. You may not disclose your password to any third party (other than third parties authorized by you to use your Member Account) and you are solely responsible for any use of or action taken under your member Account.
Should you not fulfill the conditions for obtaining a Member Account and/or benefiting from the Functionalities, you shall immediately refrain from doing so.
The Program is a loyalty program runs by the Company.
By downloading the App and creating a Member Account you officially join the Program and you are allowed to benefit from its advantages as well as the Functionalities of the App.
The first functionality of the App is to allow Members to earn Points ( A). Members may redeem their Points to acquire products and services in Partners’ Shop and through Partners’ E-Shop (B). Members may also purchase Points (C). Members may transfer Points to another Member (D). Member may create Gift card of Points which may be used to pay the Transaction price or a part of the Transaction price (E).
Members earn Points when making qualifying purchases of products and services in Partners’ Shop and/or through Partners’ E-Shop by showing the QR code displayed on the App at the time of purchase.
Points are earned and accrued in accordance with the following rate:
- one (1) Points for one (1) American dollars ($) spent in a Transaction;
- one (1) Points for four (4) United Arab Emirates dirhams (Dhs) spent in a
Transaction.
The number of Points earned is calculated on the amount of the Transaction price excluding VAT and excluding the amount of the Transaction price paid off with Points.
By earning Points in the context of a Transaction, Member clearly understands and agrees that he/she potentially may be bound by third parties’ policies and terms & conditions, in particular the policies and terms & conditions of his/her bank, the policies and terms & conditions of his/her Payment provider and the policies and terms & conditions of the Partner with whom the Member concludes the Transaction.
Under no circumstances shall the Company be held liable for the activities of the Members’ banks, the Member’s Payment provider and the Partner with whom the Member concludes the Transaction, as well as for the adequacy of the policies and terms & conditions of these latter.
The Company does not access and/or process any Payment data. Such Payment data will be processed exclusively by the Payment provider and/or the Partner with whom the Member concludes the Transaction (depending of the policies and terms & conditions of the said Partner).
All Points earned under the Program are valid for one (1) year. All unused Points over one (1) year will expire and shall not be available for redemption. You can access your account details at any time on your Member Account.
Your Points’ balance cannot be pooled with the Points’ balance of any other Member at any point of time.
Points earned will be available for redemption only after ten (10) days from the Transaction date.
The Company reserves the right to adjust the number of Points you have accrued if the Points were accrued as a result of error or misrepresentation, negligence, App and system malfunction or for any other reason resulting in the Points being invalidly accrued.
To earn Points in a Partner’s Shop, the process shall be as follows:
To earn Points in a Partner’s E-Shop, the process shall be as follows:
Seven (7) days are needed to allow a Member to return the product and/or service he/she purchased in a Transaction.
In case of a Sales Return, the Pending Points are removed from the Member Account.
Regarding the Points, the process of the Sales Return shall be as follows:
Regarding the Sales Return modality, the Member clearly understands and agrees that he/she potentially may be bound by the policies and the terms & conditions of the Partner with whom he/she concludes the Transaction.
Under no circumstances shall the Company be held liable for the activities of the Partner with whom the Member concludes the Transaction, as well as for the adequacy of the policies and terms & conditions of this latter.
In particular, the Members understand and agree that the Company is absolutely not responsible for the sale and for the return of the product and/or the service purchased in the Transaction with the Partner.
Members can redeem Points accumulated in their Member Accounts by buying products and/or services in a Partners’ Shop or through a Partners’ E-Shop.
In this context, the value of the Points is calculated as follow:
- one (1) Point equals one (1) American dollar ($);
- one (1) Point equals four (4) United Arab Emirates dirhams (Dhs).
Points available for redemption cannot be exchanged for cash. Points once redeemed cannot be used again.
A member should at any given point of time have any Points in his/her Member Account to become eligible for Redemption.
When the Member makes a Transaction, the cashiers shall be able to inform the value of Points available for Redemption in the Member Account. The Member may choose to redeem the Points in full or in part. Members need to have a complete updated Member Account in our system to redeem their Points. If a Member does not redeem the entire value of his/her Points, the balance value will remain in his/her Member Account and can be used towards the future Transactions.
Members must show his/her QR code displays in the App for verification at the time of Redemption of his/her Points. In order to redeem, the name, email id, mobile number mentioned on the valid id and our POS system should match.
If the Transaction price is higher than the number of Points owned by the Member, the balance amount must be paid by the Member using a valid payment method.
To redeem Points in a Shop, the process shall be as follows:
The App does not give the possibility to proceed to a Points Redemption in an E-Shop.
To redeem Points in an E-Shop, the Members may create a Gift card which may be used in Partners’ E-Shops for the payment of the Transaction price (or a part of the Transaction price).
Members can also purchase Points with American dollars ($). The purchase is limited to three thousand American dollars (USD 3’000.-)
In this context, the value of the Points is calculated as follows:
- one (1) Point equals one (1) American dollars ($);
- one (1) Point equals four (4) United Arab Emirates dirhams (Dhs).
To purchase Point, the process shall be as follows:
By using the App to purchase Point, Member clearly understands and agrees that he/she potentially may be bound by third parties’ policies and terms & conditions, in particular the policies and terms & conditions of his/her bank and the policies and terms & conditions of his/her Payment provider.
Under no circumstances shall the Company be held liable for the activities of the Members’ banks and Payment provider, as well as for the adequacy of the policies and terms & conditions of these latter.
The Company does not access and/or process any Payment data. Such Payment data will be processed exclusively by the Payment provider and/or the Partner with whom the Member concludes the Transaction (depending of the policies and terms & conditions of the said Partner).
The Members may transfer Points to another Member.
To transfer Points, the process goes as follows:
The Members may create a Gift card of Points which can be used in Shop and E-Shop.
To create a Gift card, the process goes as follows:
The Member who creates a Gift card is entirely responsible to keep secret the number of this Gift card. The Members understand and agree that if a third party knows the number of the Gift card this latter may use it for his/her own interests. Under no circumstances shall the Company be held liable for loss or theft of a Gift card’s number, the Member who created it being solely responsible to keep it confidential.
The Gift card is valid for a period of one (1) year after it has been generated and is available in the Gift card list in the App.
To redeem a Gift card in a Partner’s E-Shop, the process goes as follows:
In case there is remaining balance in the Gift card, the same can be re-used in succeeding E-Shop purchases. The validity remains as per the remaining period of the Gift card.
To redeem a Gift card in a Partner’s Shop, the process shall be as follows:
In case there is remaining balance in the Gift card, a new Gift card number will be generated ad the value of the new Gift card is as per the remaining balance and validity period of 12 months.
Points are the loyalty points earned by the Members when purchasing products and/or services in Partners’ Shops and/or through Partners’ E-Shops.
Points are solely a value standard for rewarding the loyalty of the Members depending of the amount of the Transaction price paid in the Transaction with Partners’ Shop and Partners’ E-Shop.
Points is not a currency or awarded for fractions of any currency, nor a cryptocurrency.
Points are not awarded for any kind of currencies (particularly but not only American dollar, United Arab Emirates dirhams) spent on tax, VAT, GST, service charges, gratuities or any other taxes that may apply. Any applicable federal, state or local taxes will be deducted from the Transaction price for purposes of calculating the Points to be rewarded.
The Personal Data you provide to the Company in the course of using the App will be used in accordance with our Privacy policy available on the App, the terms of which are hereby incorporated into these Terms.
The Member understands and agrees that his/her contractual counterpart in the Transaction is the Partner from whom he/she purchases the products and/or the services. The Company is not part of this contractual relationship and assumes absolutely no responsibility for any trouble arising out from it.
The products and services purchased by the Member to the Partner in the context of the Transaction will be delivered by the Partner at his/her sole risk and expenses.
Under no circumstances shall the Company be responsible for the products’ and/or services’ delivery and/or for the costs, taxes and charges related to the products’ and/or services’ delivery.
The Member understands and agrees that under no circumstances shall the Company be liable for any event that may damage or destroy the products and/or the services for any trouble arising out in relation with the products and/or services purchased to the Partner.
By purchasing products and/or services to a Partner, Member clearly understands and agrees that he/she potentially may be bound by third parties’ policies and terms & conditions, in particular the policies and terms & conditions of the Partner with whom the Member concludes the Transaction.
By using the App and/or the Functionalities, you take the full commitment not:
- to use the information, material and content available on the App for competing, directly or indirectly, with the Company;
- to re-sell, deep-link, use, copy, monitor (e.g. scrape), display, download or reproduce any content or information, software or products available on the App for any commercial or competitive activity or purpose;
- to use any robot, spider, web scraper, other automated device, or manual process to monitor, extract or copy any content from the App.
Should you do so, please be informed that you may be irrevocably banned from using the App and the Company reserves to claim for damages and/or to request injunctions.
By using the App, you agree not to do any of the following actions in connection with your use of the Functionalities and not to use the App in order to:
- intimidate or harass any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
- distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, or pyramid schemes;
- upload, post, transmit, distribute or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the App, the Functionalities or the interests or property of the Partner, the Members or the Company;
- export or re-export any applications, code or tools developed by and proprietary to the Company except as in strict compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- copy, scrape, extract, modify, or distribute rights or content from the App in any way, including through robots, spiders or any other software or technology;
- commercialize any application, code or any information or software associated with such application and/or the App without the prior consent of the Company;
- upload, post, transmit, distribute, store or otherwise make publicly available on the App any private information or Personal Data of any third party, including, addresses, phone numbers, email addresses and/or credit card numbers;
- harvest or otherwise collect information or data about Members, including email addresses, without their consent or use automated scripts to collect information from or otherwise interact with the Members;
- upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
- upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of the Company, is objectionable, misleading or which restricts or inhibits any other person from using the App, or which may expose the Company, the Partner or the Members to any harm or liability of any type;
- upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
- you shall not copy, modify, distribute, sell, or lease any part of the App.
- you may not reverse engineer or attempt to extract the source code of the App; and
- you may not interfere or attempt to disrupt the Functionalities and/or the App in any way.
Intellectual property rights and all other proprietary rights in relation to the App content and related databases, as well as in relation to the Program are the exclusive property of the Company or its licensors.
All Intellectual property rights and all other proprietary rights in relation to the App content and the Program not expressly granted herein are reserved to the Company. All copyright and other proprietary notices shall be retained on all reproductions.
Subject to these Terms and for the purpose of using the App, benefiting from the Functionalities and enjoying the Program, the Company grants you a limited, non-exclusive, non-transferable, non-sub licensable, royalty free license to use and display the App content on your devices, such as smartphones or tablets.
Any other use of the Program and the App content, including without limitation distribution, reproduction, modification, making available, communicate to the public, publicly perform, frame, download, display or transmission, in whole or in part, without the prior written consent of the Company is strictly prohibited.
You may not derive or attempt to derive the source code of all or any portion of the software or mobile software of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the software of the App or any part thereof.
The Company, together with its licensors expressly reserve all Intellectual property rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the App and in the Program. Access to the Functionalities does not confer and shall not be considered as conferring upon anyone any license under any of our Intellectual property rights or any third party's Intellectual property rights.
Any use of the Program, the Functionalities or the App or their contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without prior consent of the Company.
Company’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Company or its licensors. No trademark or service mark license is granted in connection with the materials contained on the App and in the Program. Access to the Program, the App and the Functionalities does not authorize anyone to use any name, logo or mark in any manner whatsoever.
You may not use the trademark of the Company such as its domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that the Company endorses any product or service.
You are in particular informed that B-WARDS® is registered trademarks property of the Company.
You may close your Member Account and stop benefiting from the App and its Functionalities at any time and without notice to the Company.
The Company may terminate or suspend your Member Account, in whole or in part, in the event that:
- you violate these Terms or violate any other rules that govern the use of the Functionalities and the App, as well as the enjoyment of the Program, including policies;
- your conduct may harm the Company, the other Members or the Partner; or
- as otherwise determined by the Company at its sole and entire discretion.
The Company may modify and adapt the Functionalities, all App content and other items used or contained in the App, at any time and at its sole discretion.
The Company is entitled at any time to delete your Member Account and block your access to the App and the Program in the event it considers that your use of the App does not fully comply with these Terms or with any applicable laws.
Notwithstanding such termination, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to Intellectual property rights and conservation of certain information for a certain period of time.
You understand and agree that you potentially may be bound by third parties’ policies and terms & conditions while using the App, benefiting from the Functionalities and enjoying the Program.
In particular, the policies and terms & conditions of the Payment provider and the policies and the terms & conditions of the Partners, if any, fully apply to the Member while purchasing products and/or services in a Partners’ Shop and Partners’ E-Shop and paying it via their Payment provider.
You representant and warrant that you read and accept the third parties’ policies and terms & conditions.
You expressly agree that the Company does not assume responsibility for the third parties’ policies and terms & conditions.
If you have a dispute related to third-parties’ policies and terms & conditions, you agree to release the Company (including its affiliates, and each of its respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
The Company may, at its sole and entire discretion, display third-parties’ content through the App.
In this case, you expressly understand and agree that the Company does not assume responsibility for the third-parties’ content made available through the App.
If you have a dispute related to third-parties’ content, you agree to release the Company (including its affiliates, and each of its respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
The Functionalities and the App are provided "as is" and"as available".
To the maximum extent permitted by applicable law, the Company disclaims all representations and warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, in relation to the Functionalities, the App or the Program. In addition, the Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Functionalities, or that the Functionalities or the App will be uninterrupted or error-free. The Company does not guarantee the quality, suitability, safety or ability of the products and/or services purchased to Partner. You agree that the entire risk arising out of your use of the App, the Functionalities and the Program remains solely with you.
You agree that neither the Company nor its affiliates is/are responsible for the fitness or conduct of any products and/or services provided by any Partner. Neither the Company nor its affiliates will be liable for any claim, injury or damage arising in connection with the acts or omissions of the Partner or with any products and/or services purchased in the context of the Transaction.
Any warranty, condition or other term arising out of or in connection with the Functionalities, the App or the Program which might otherwise be implied into or incorporated into these Terms by statute, common law, laws applicable in the country where you used the Functionalities or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.
If you have a dispute with one or more Partner(s), you agree to release the Company (including its affiliates, and each of its respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Since the Functionalities and the App are web-based, they might be subject to temporary downtime.
From time to time we also update or maintain the App, which will result in the App not being available for a certain period of time. We do not warrant that the App and the Functionalities operate uninterrupted or error free.
We are not responsible for any damages or losses suffered by you as a result of any failure or interruption of the App or the Program, suspension of your access to the App, including any damage occurring as a direct or indirect result of a missed Transaction or missed Points’ earning.
These Terms set out the full extent of our obligations and liabilities with respect to the Functionalities and the provision of the App and the Program.
To the extent permitted by law, the Company hereby excludes: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) any liability for any direct, indirect, punitive or consequential loss or damage (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of goodwill, client unsatisfaction, failure to store any information or other content maintained or transmitted, Functionalities, App or Program interruptions, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, incurred by any Member in connection with the App, the Functionalities, the Program or these Terms.
The Company will not be liable for any direct, indirect, special, punitive, incidental, exemplary and/or consequential damages arising out of your use of the App, the Functionalities and the Program. The Company will not be liable for the quality, healthiness, outlook of the products and/or services purchased to a Partner in the context of a Transaction. The Company will not be liable for the non-compliance of the Partner with these Terms.
The Company is not liable for (partial) interruptions to and downtime of the App and its Functionalities due to repair, maintenance or update work or for other reasons that it cannot directly control or that only impede use of the App and the Functionalities to a negligible extent.
The company is not liable for defects or damage incurred in connection with the products and/or services sold by the Partner.
In any event, the Company, and its affiliates, will not be liable for aggregate liability for any claims relating to any Transaction, whether in tort (including negligence) or otherwise, more than the value of the relevant Transaction.
This provision applies to the maximum extent permitted by applicable law.
You understand and agree that by filing any claim more than thirty (30) after the discovery of the alleged liability, you will be deemed to have forfeited your rights. any such claim shall be time-barred.
The Company cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond its reasonable control. such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government.
In this situation, we reserve the right to shut-down the App and stop providing the Functionalities and the Program without any obligation to indemnify the Members.
You agree to defend, indemnify and hold harmless the Company and its affiliates with their respective shareholders, officers, directors, employees, agents (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Functionalities or of the App or of the Program or from any breach by you of these Terms or the Privacy policy or third-parties’ policies and terms & conditions, including without limitation any actual or alleged violation of any law, rule or regulation.
Links on App to other companies’ websites (if any) are solely provided in the Member’s interest. The Company has no influence on the content of third-parties’ websites.
The Company therefore cannot assume any guarantee for the accuracy, completeness or safety of this third-party content.
These Terms, the Privacy policy and the applicable policies, subject to any amendments, agreements with the Partners or modifications made by the Company from time to time, shall constitute the entire agreement between you and the Company with respect to the Program, the Functionalities and the App and any use thereof.
If any provision of these Terms is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
The Company reserves the right to make any changes to these Terms at any time, as the Company deems necessary or desirable. Your continued use of the App after any such changes or after explicitly accepting the new Terms upon logging into your Member Account shall constitute your consent to such changes.
The Company’s failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You expressly understand and agree that the relationship between the Company, the Partners and the Payment provider does not imply any exclusive relationship, partnership or simple partnership between them.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. The Company may assign its rights, licenses, and obligations under these Terms without limitation.
These Terms shall be governed by the laws of Switzerland. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts of Lausanne, Switzerland.
Woorfee SA
Avenue du Casino 32
1820 Montreux
Switzerland.
info@woorfee.com
Appendix A – Shops and E-Shops
The Program is applicable when:
- you Shop and/or E-Shop in the following Maison BMore® stores:
- you purchase products and/or services from other special Partner and temporary Partner brands.