GENERAL TERMS AND CONDITIONS OF PERUNIS GMBH FOR QUID-APP USERS (CONSUMERS)
I. OBJECT AND SCOPE OF THE CONTRACT
1. By means of the central Quid-Software, including the mobile Quid App for mobile devices and the mobile operating systems (hereinafter "App") and the website www.quid.place (hereinafter "Website") of Perunis GmbH (hereinafter "PERUNIS"), Vouchers (hereinafter "Vouchers") are offered to Website and App users (hereinafter "Consumers") against a reservation fee. These Vouchers make possible to purchase certain services and goods of other enterprises (hereinafter "Providers") in more convenient conditions for a limited period of time (the terms of the discount offers are referred to as "Deals", the purchase of a Voucher as a "Voucher Contract" and the services provided on the basis of Vouchers as "Voucher Services").
In addition to that, Providers may offer to consumers electronic Loyalty Cards, within Loyalty Programss. After completing all the Loyalty Points, these cards entitle Consumers to take advantage of free or discounted goods or services provided by the Provider's Clients. Providers can invite consumers to unload free promotional games through the QUID software, free of charge. All services provided by the central QUID software services of PERUNIS are referred to hereinafter as "QUID services".
2. PERUNIS provides the QUID services in the following General Terms and Conditions (hereinafter "GTC"), which are acknowledged by the Consumer, either by clicking on the corresponding button during registration or by effectively using QUID services. The terms and conditions may be accessed, printed or locally saved at any time at http://regulations.perunis.ch. Any deviating conditions of the Consumer are excluded, even if PERUNIS does not contradict them expressly.
3. The central QUID software, including the Website and the App are operated by:
Ober Altstadt 8
II. SERVICES PROVIDED BY PERUNIS
- The services provided by PERUNIS are limited to the operation of the central QUID software, including Website and App, the publication and realization of Deals, Vouchers, Invitations to Events, Loyalty Programs and Promotional Games, as well as the conclusion of the Voucher Contract on behalf of the Provider, the technical implementation of the Voucher Contract, Loyalty Programs and promotional games, the electronic delivery of the corresponding Vouchers and Loyalty Cards, and the collection of the reservation fee for the Vouchers.
- Regarding the conclusion of the contract and the purchase of Vouchers, while earning and redeeming Loyalty Points, and in the context of the published promotional games and invitations to events, PERUNIS will always act only as a mediator for the Providers, who offer the Vouchers, i.e. the Loyalty Promotions or the promotional games through the Website or the App. A contract is concluded between the Consumer and the Provider, when acquiring coupons and loyalty cards. PERUNIS is contractual partner neither of the Provider nor of the Consumer. The promotional games are operated and managed directly by the Providers. In this respect PERUNIS is contractual partner neither of the Provider nor of the Consumer.
- None of the Deals presented in the QUID services refers to offers in the legal sense of the word. They only refer to advertising and product information from the Provider.
- QUID services particularly refer to information and the possibility of Consumers to obtain favorable deals from the Providers in their vicinity. For this purpose, the Consumer can determine its surroundings by locating his/her terminal or by specifying the desired location, i.e. by entering his/her address. In certain cases, deals may be available only for users, whose terminal allows localization.
- The Provider is solely responsible for the published advertising, as well as for the information on the product, invitations to events, Loyalty Programs and promotional games, including their legality, accuracy, timeliness and completeness. QUID services refer only to the technical transmission and the visual preparation of advertising and product information, as well as invitations to events, Loyalty Programs and promotional games. PERUNIS assumes no responsibility, warranty or any other guarantees for the products and services offered through the Deals, invitations to events, Loyalty Programs.
III. PURCHASE, PAYMENT AND REDEMPTION OF VOUCHERS
- The Consumer buys a Voucher for the conclusion of a favorable deal with the Provider as follows:
- The Consumer clicks on the button "Reserve" or "Redeem" for the selected Deal in the home page of the website or App.
- The Consumers selects the desired or maximum available number of Vouchers.The Consumer's offer is delivered by accepting the General conditions and confirming the selected Vouchers, including the reservation fee, with the help of the button "Reserve".The acquisition of the Voucher takes place, as soon as the reservation fee is paid through the electronic payment system. The Voucher will be immediately downloaded, after payment, in the App of the mobile terminal and it can be activated for its redemption.
- The Consumer can redeem the Voucher from the Provider as follows:
- The Consumer can easily redeem the Voucher, within the validity period, by presenting the Voucher or specifying the QUID Code. The full amount of the reservation fee paid by the Consumer shall be deducted from the remaining purchase price of the goods and/or services included in the Deal.
IV. ACQUISITION OF LOYALTY CARDS
- Consumers shall obtain free of charge electronic Loyalty Cards within the Loyalty Programs of the Provider.
- The rights that Consumers obtain through Loyalty Cards, after completely filling the electronic Loyalty Points, are totally determined by the Provider in the respective Loyalty Program.
V. PROMOTIONAL GAMES
- The participation in published promotional games is free.
- The terms and conditions of each promotional game is established by the Provider. The profit allocation can not be challenged and there will be no correspondence about the event.
VI. OTHER PROVISIONS
- PERUNIS provides all QUID services on behalf of the respective Providers. In particular PERUNIS provides the Vouchers on behalf of the Supplier that sells them to Consumers and accepts the reservation fees of Consumers.
- The Voucher gives the right to purchase goods or services of the Provider, in more favorable conditions, for a determined period of time, according to the conditions of the Deal and pursuant a closer description of the Deal. If the Voucher has a specific validity period, the Voucher shall be redeemed only during the validity period. In case that the Consumer does not redeem the Voucher within the validity period, the Consumer shall lose the right to the service or goods and the Voucher shall expire.
- The sale and delivery of the Voucher takes place, only after PERUNIS successfully registers the payment made by the Consumer.
- The Voucher is displayed after successfully paying through the App.
- All the Vouchers are provided with a code number, which the Provider matches with the submitted list, when redeeming the Vouchers. The Voucher is transferable. Copying, tampering, editing or manipulating the Vouchers is not permitted. PERUNIS reserves the right to take legal action in case of abuse.
- Unless otherwise provided in the description of the deal, a Voucher can be redeemed only once.
- The duration of the promotions and the quantity of Vouchers to be purchased are limited and individually determined by the Provider for each Deal. PERUNIS is not obliged to indicate the duration of the promotions and the quantity of remaining Vouchers. After the expiry of the promotion, it will not be possible to purchase Vouchers for that Deal.
- Providers are solely responsible for the proper and flawless fulfillment of the Vouchers or Loyalty Cards for the relevant services and goods. In this respect, PERUNIS is not a contract party for the consumer. PERUNIS offers no guaranty and accepts no liability for the proper performance by the Provider. However, in case of problems related the redemption of the Voucher or the Loyalty Card or regarding the performance of the Contract between Providers and Consumers, PERUNIS will try to mediate between the parties. Please contact us in that case by means of the contact form or by phone.
VII. MODIFICATIONS OF SERVICES, TECHNICAL FAILURE AND LIMITATION OF LIABILITY
- PERUNIS reserves the right to change the scope and functionality of QUID services at any time, as well as to restrict or discontinue them. The validity of previously acquired Vouchers or fully completed Loyalty Cards shall remain unaffected.
- QUID services depend on the previous services of third parties, e.g. the availability of mobile network or the undisturbed internet connection of the Consumer. Although PERUNIS strives to provide the highest availability, it cannot be ruled out that the website and/or the App may be temporarily unavailable, as a result of the failure of other parties to fulfill their obligations, maintenance operations or other reasons. In isolated cases, such situation may lead to data loss.
- PERUNIS shall not be liable for any interruptions in the availability of the website and/or App, as well as for any loss of data.
- In case that, due to a technical error or any other reason, the prices shown in the website and/or App are accidentally wrong, the Provider is entitled to declare void the contract on the purchase of Vouchers. The Provider shall reimburse any payments made by the Consumer without delay.
- As far as the other conditions of liability are concerned, PERUNIS is exclusively liable for the damages that it has caused at least by gross negligence or intentionally. The liability for auxiliary personnel is excluded in accordance with Art. 101 paragraph 2 of OR.
VIII. OBLIGATIONS OF CONSUMERS
- The consumer is obliged to use the QUID services only personally and exclusively for private purposes. It is particularly forbidden to integrate QUID services, totally or partially, in other offers or software, as well as to use them in any other way for own purposes or the purposes of third parties, regardless that they are ideological or commercial. Exceptions may be made with the written consent of PERUNIS.
- The consumer also undertakes to refrain from any misuse of QUID services, as well as from any remote technical attacks on QUID services. It is particularly prohibited to circumvent any of the security measures of QUID, to provoke functional failures of QUID Services and to cause damage to QUID software or hardware, as well as to other assets and rights belonging to PERUNIS or the providers.
IX. INTELLECTUAL PROPERTY
PERUNIS and its partners retain all copyrights and other rights on the Website and/or the App, as well as on all the content, information, images, videos and databases published on the Website and/or the App ("protected property"). It is expressly forbidden to alter, reproduce, publish, disclose to third parties or use in any other way the protected property without the prior written consent of PERUNIS.
- By registering and accepting the General Terms and Conditions, the Consumer agrees that PERUNIS may disclose Consumer's information to the Group of Companies or to partners involved in the provision of QUID services.
- There will be no commercial disclosure of data to third parties.
XI. AMENDMENTS TO THE PRESENT GENERAL TERMS AND CONDITIONS
XII. FINAL PROVISIONS
- Should individual provisions of these terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. The invalid provision shall be replaced by a provision (if necessary by court ruling), which comes closest to the invalid one.
- All contractual relationships arising from or in connection with these General Terms and Conditions, including contracts related to the purchase of Vouchers between Providers and Consumers, as well as the Main Contracts concluded on the basis of Vouchers, shall be governed by the Swiss Law, excluding the provisions of international Private Law and the UN Sales Convention (CISG ).
- The courts of Zug shall have exclusive jurisdiction for all disputes arising from or in connection with these General Terms and Conditions and the legal relationships thereunder, in which PERUNIS participates as a Contracting Party.
- In case of disputes arising from the Voucher Contract between Consumer and Provider, as well as from the Main Contract concluded after using the Vouchers, the jurisdiction shall be basically determined according to the Swiss Code of Civil Procedure. In the case of international relations the jurisdiction for these disputes shall exclusively belong to the city of Zug.
Perunis GmbH, 2015