General Terms and Conditions for Lyoness Members

Version: April 2012

General Terms and Conditions for Lyoness Members (PDF, 133 KB)

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Preamble

Lyoness Europe AG with its headquarter at Bahnhofstrasse 7, CH-9470 Buchs, registered under commercial registration number CH-170.3.026.427-4 in the Register of Commerce for the Canton of St. Gallen, Switzerland operates an international shopping community, which enables its participants (hereinafter referred to as "Members"), to receive benefits (hereinafter referred to as "Lyoness Loyalty Programme") by purchasing goods and services from Lyoness Loyalty Partners (hereinafter referred to as "Loyalty Partners").

The agreement is concluded between the Member and Lyoness Europe AG (hereinafter referred to as "Lyoness").

Lyoness is represented in the United Arab Emirates by Lyoness Holding Europe AG – Dubai Branch, having its business address at Emaar Business Park, Building 4, 6th Floor, P.O. Box 390490, Dubai (hereinafter referred to as "Lyoness UAE").

1. Object of Agreement
1.1 These General Terms and Conditions set out the terms on which the Member is entitled to participate in the Lyoness Loyalty Programme and to collect the accrued benefits (hereinafter referred to as "Member Benefit"). The Member can recommend the Lyoness Loyalty Programme to third parties (this Member shall hereinafter be referred to as "Recommender"). The Member is not obliged to recommend and is not obligated towards Lyoness for the success of its recommendations. Nothing in this agreement should be construed to mean that the Member or Recommender is an agent or representative of Lyoness, or that it is acting on Lyoness' behalf in any way.

1.2 The goods and services obtained by the Member from Loyalty Partners (hereinafter referred to as "Purchases") are registered with the Lyoness Loyalty Programme. Although it may vary from country to country the Member may redeem Member Benefits through the following mechanisms: Lyoness Cashback Card, Mobile Vouchers of Loyalty Partners, Vouchers/Gift Cards of Loyalty Partners, as well as Online Shops of Loyalty Partners.

2. Basis of Agreement
2.1 Upon acceptance of the registration application by Lyoness the applicant is registered as a Member with Lyoness and receives a personal membership number (hereinafter referred to as "ID-number"). The Member is then entitled to participate in the Lyoness Loyalty Programme starting with a Trial Membership. During the Trial Membership, which lasts 30 (thirty) days from the receipt of the ID-number, the Member has to make a purchase at a Loyalty Partner's shop in order to continue registered as a Member with Lyoness. Purchases registered with the Lyoness Loyalty Programme will only be taken into account for registered Members with an ID-number.

2.2 The Registration Flyer provided by Lyoness or the Online Registration Form as well as these General Terms and Conditions form the entire agreement between Lyoness and the Member. The Additional Member Benefits are subject to further terms and conditions (see below Clause 7.5). Variation to these terms will not be accepted by Lyoness.

2.3 The Member declares that all information provided to Lyoness is true and correct and agrees to indemnify and hold Lyoness harmless in case of untruthful or inaccurate information provided.

2.4 The Member agrees to inform Lyoness without delay of any changes to its personal details (residential address, mailing address, bank account details, telephone number, etc.).

2.5 A person, whether natural or legal, may only register for a single ID-number at any given time. Multiple registrations are not allowed. The registration is based on the residential address of the Member (in case of a legal entity the main business address or headquarters of the company). The Member is herewith explicitly informed that multiple registrations will be considered as a material breach of these General Terms and Conditions and may lead to immediate termination of the agreement. In case of multiple registrations the most recently registered ID-number will be deleted and any accumulated Member Benefit in respect of that ID-number will be forfeited. This is notwithstanding Lyoness' right to terminate the contract in its entirety.

3. Legal relationship
3.1 No employment relationship, service relationship, agency or any other form of relationship whereby the Member represents Lyoness in any way is entered between Lyoness and the Member.

3.2 The Member is only entitled to receive Member Benefits from the Lyoness Loyalty Programme. The Member is not entitled to any further compensation for his/her activities. The Member is also not entitled to reimbursement for any expenses.

3.3 The Member is not entitled to act as a representative of Lyoness, nor as an agent of Lyoness in any way whatsoever, in particular is the Member not entitled to provide legally binding statements in the name of Lyoness and to receive money or other consideration or account statements in connection with the use of the Lyoness Loyalty Programme especially with the recommendation of new members. The Member is not allowed to carry out collection of money on behalf of Lyoness.

3.4 Without obtaining explicit prior written approval from Lyoness, the Member is not allowed to (including but not limited to the following actions):

(a) use logos, lettering, claims and any intellectual property of Lyoness or its Loyalty Partners;

(b) create, distribute in written or digital form or make available on websites (including but not limited to YouTube, Facebook, Twitter, etc.) business cards, presentations, videos, audio files, screenshots, web content, media content, flyers, brochures, websites, advertising materials, mailing material, large scale mail shots, mailings, home pages, or any other material with Lyoness content or any content of the Lyoness Loyalty Programme;

(c) conduct public events, information events, events, workshops, seminars, etc. with Lyoness content or content of the Lyoness Loyalty Programme;

(d) recruit retailers, wholesale and other miscellaneous traders, as well as other companies which offer goods or services to end consumers, including but not limited to gas stations, franchisee and department stores, as Loyalty Partners or members, to conduct negotiations or initiative conversations or to engage in advertising activities in the direct environment of the company premises.

4. Lyoness Loyalty Programme
4.1 By making purchases with Loyalty Partners the Member acquires Member Benefits from the Lyoness Loyalty Programme on the basis of these General Terms and conditions. The Member Benefits are described further in Clause 7.

4.2 Lyoness has entered into agreements with its Loyalty Partners and intends to continuously expand the international network of Loyalty Partners. An overview of all the current Loyalty Partners as well as the corresponding Member Benefits is available online at www.lyoness.ae or at the offices of Lyoness UAE.

4.3 In order to guarantee uniform registration of the Member's purchases at the Loyalty Partner, the Member can only use the following options to register such purchases:

(a) Cashback Card: The Cashback Card is an identification card that Members need to present at the beginning of the payment process in order for their transaction/purchases to be registered with the Lyoness Loyalty Programme. It does not represent means of cashless payment. The payment for the purchase is made by the Member directly to the Loyalty Partner. The Cashback Card is available as a plastic card or as a mobile App.

(b) Mobile Vouchers: Mobile Vouchers can be obtained through the Lyoness mobile App using a mobile end device (such as smartphones, tablets, etc.). Lyoness provides mobile vouchers of Loyalty Partners against payment in advance. After payment has been received in full by Lyoness, the mobile voucher can be used for purchases at the respective Loyalty Partner's shop. The Member Benefit is calculated by Lyoness on the basis of the respective voucher value.
(c) Vouchers/Gift Cards: Vouchers/Gift Cards of Loyalty Partners can be ordered in writing, via telephone, online through the Lyoness website or from voucher selling points (www.lyoness.ae/vouchersalesoutlets). Following payment in full, the Member receives the ordered Vouchers/Gift Cards from Lyoness. The Member Benefit is calculated by Lyoness on the basis of the respective voucher value.

(d) Online Shopping: By logging in on the website of Lyoness www.lyoness.ae with the provided Lyoness access data, the Member has access to the Loyalty Partners online shops and can select the available shop in order to shop online. The information on purchases made by the Member as part of the Lyoness Loyalty Programme is exchanged via online interfaces or cookies and web tracking between Lyoness and the respective Loyalty Partner. The Member Benefit is calculated according to the purchase information received by Lyoness.

5. Ordering of Vouchers
5.1 Vouchers/Gift Cards and Mobile Vouchers (hereinafter collectively referred to as "Vouchers") are vouchers of the Loyalty Partners that can only be redeemed at the respective Loyalty Partner's shops or locations. The value of the individual voucher is that explicitly shown in such voucher and the voucher can only be used within the specified validity period.

5.2 The Member can order Vouchers/Gift Cards in writing by using the order form or online at www.lyoness.ae. The Member can order Mobile Vouchers by using the Lyoness App for mobile end devices (such as smartphones, tablets, etc.) or online at http://m.lyoness.ae.

5.3 The Member shall pay for the ordered Vouchers by using the Member ID-number as a reference number. Ordered Vouchers will only be delivered after Lyoness has received the entire purchase price.

5.4 Binding orders for Vouchers/Gift Cards can also be placed by making Down Payments. The Additional Member Benefits arising from Down Payments are subject to the conditions of Clause 7.5 of these General Terms and Conditions. Vouchers/Gift Cards will only be provided to the Member after Lyoness has received the entire purchase price.

5.5 Vouchers/Gift Cards which are ordered and partially paid for in advance pursuant to Clause 5.4 can be subdivided into partial amounts. Lyoness will deduct from the outstanding purchase amount the proportionate Down Payment made by the Member when he/she opts for a Partial Payment of its order. If, for example, a Down Payment of AED 50 is made for a voucher value of AED 1000, the Member may receive a partial voucher value of AED 100 in advance by making a Partial Payment of AED 95. Therewith, the required Down Payment of AED 45 for the remaining voucher value of AED 900 is guaranteed. However, the percentage/amount of the Down Payment/Partial Payment required depends on the respective conditions agreed between Lyoness and each Loyalty Partner.

5.6 Vouchers delivered by Lyoness cannot be returned, redeemed for cash and cannot be refunded with the exception of Clause 6.1. The Loyalty Partner is also not obliged to pay out balances in cash. Lyoness shall not be liable for any possible unauthorized redemption in case of loss and theft of a Member's vouchers, unless the Member has notified Lyoness of the loss or theft and Lyoness failed to undertake reasonable measures to prevent the unauthorized redemption.

5.7 Vouchers can only be redeemed at the respective Loyalty Partners' shops. The commercial transaction of goods or using Vouchers as a method of payment is concluded between the Loyalty Partner (issuer of the voucher) and the Member (owner of the voucher). Lyoness shall not be held liable for any claims arising out of or in connection with this contractual relationship.

5.8 Lyoness reserves the right to reject orders for Vouchers.

5.9 The Member can transfer fully paid vouchers he/she received from Lyoness to third parties.

6. Default and damages
6.1 Lyoness' scope of service is limited to the operation of the shopping community and the Lyoness Loyalty Programme as described in Clauses 4 and 5 of these General Terms and Conditions (including but not limited to registration, sale and mailing of Vouchers/Gift Cards of Loyalty Partners, settlement of the agreed upon conditions with the Loyalty Partners, etc.) Lyoness guarantees, within its legal liability for defects, that the Vouchers purchased from Lyoness by the Member can be redeemed and used to fulfil the payment obligation arising from a purchase made at a Loyalty Partner's shop. In case redemption and payment is not possible, the Member can exchange the respective Voucher at Lyoness for a Voucher of another Loyalty Partner. In such cases the Member Benefits may differ (see below Clause 7.6).

6.2 The service resulting from any purchase made by the Member using the options described in Clause 4.3 hereof is exclusively performed by the respective Loyalty Partner. Therefore Lyoness shall not be held liable for any kind of warranty and guarantee or liability for the Loyalty Partner's performance obligations, in particular in case of failure to perform or default caused by any reason.

6.3 The Member is not entitled to claim Lyoness for a refund for the entire or partial amount of the redeemed voucher value, for the issuance of another voucher, or for the payment in cash or any other compensation in respect thereof in case of non-performance or default of a Loyalty Partner. Any claims based on the failure of the Loyalty Partner to perform, including but not limited to claims on the basis of any guaranty or warranty, damages, mistake, etc. will lie exclusively against the Loyalty Partner.

7. Member Benefits from the Lyoness Loyalty Programme
7.1 Member take advantage of Member Benefits through Purchases registered with the Lyoness Loyalty Programme. The Member Benefits are based on conditions contractually agreed upon between Lyoness and the respective Loyalty Partner. The percentage amount of the Member Benefit varies according to the contractual arrangement with a particular Loyalty Partner, the nature of the industry and the country. The Member Benefits include the Cashback (see below at Clause 7.2), the Friendship Bonus (see below at Clause 7.3) and as applicable the Additional Member Benefits (see below at Clause 7.5).

7.2 The Member receives up to 2% Cashback for purchases registered with the Lyoness Loyalty Programme. The actual percentage to be received by a Member for Cashback at the respective Loyalty Partner is displayed at www.lyoness.ae. Cashback payments take place in accordance with Clause 7.4.

7.3 The Member receives 0.5% of the total purchase amount of registered purchases by Members who were directly recommended by another Member (Friends, who registered with Lyoness because of the recommendation of a Member) and for purchases by indirectly recommended Members (Friends, who registered with Lyoness because of the recommendation of a directly recommended person of a Member). The Friendship Bonus does not accrue for further indirectly recommended Members. The actual percentage of Friendship Bonus received for a purchase at a respective Loyalty Partner is displayed at www.lyoness.ae. Friendship Bonus payments take place in accordance with Clause 7.4.

7.4 Registered purchases made via Cashback Card or Loyalty Partner Online Shops, which have been accounted for up until Sunday, 11:00 PM (CET), will be considered for weekly transfers. Lyoness shall ensure that the Loyalty Partner register and settle accounts within 3 (three) months of the purchase date. In case purchases are made via vouchers, the Cashback amount will already be credited to the Member's account following the receipt of the payment of the voucher price by Lyoness. The minimum amount for a transfer of the Cashback and Friendship Bonus is set out in Clause 16.4. The Member shall be informed about the amount of the transfer via text message/push-message each Tuesday.

7.5 Members can also enjoy Additional Member Benefits through their own purchases and the purchases made by all directly and indirectly recommended members or become a Premium Member. The prerequisites for such further participation in the Lyoness Loyalty Programme are available at the personal Online Office at www.lyoness.ae. More detailed conditions for Down Payments are also defined there.

7.6 In an endeavour to gain more favourable conditions, to maintain long term Member Benefits or to increase Member Benefits, Lyoness shall do all necessary to conclude respective agreements with the Loyalty Partners. Changes to the Loyalty Partner's conditions will be notified to the Members 4 (four) weeks in advance. The current applicable conditions of the Loyalty Partners are published at www.lyoness.ae. Since the individually agreed upon conditions between Lyoness and the Loyalty Partners are subject to change it is herewith agreed upon, that for the purpose of calculating the Member's Benefits, the applicable conditions shall be those that were in force when the Member paid the entire amount of its voucher order or the accrued purchase price to the respective Loyalty Partner when using the Cashback Card.

8. Online Office and Services
8.1 Lyoness provides each Member with an online office at the Lyoness website at www.lyoness.ae free of charge, where the Member can access at any time his/her registered purchases, recommended Members as well as information on the Member Benefits from the Lyoness Loyalty Programme by providing his/her username and password. Lyoness shall only be liable in cases of unavailability of the Lyoness website and the Online Office to the extent defined in Clause 11 of these General Terms and Conditions.
8.2 Members must store their personal data required for the use of the Online Office (including but not limited to username, password and PIN code) safely and treat it with strict confidentiality. Members must not disclose usernames, passwords and PIN codes under no circumstances to third parties. Members may change their personal settings at any time at www.lyoness.ae.

8.3 The Member shall immediately notify Lyoness of any unauthorized use of his/her online access. Lyoness will proceed, upon notification of such unauthorized use, with the immediate deactivation of the user's details for online office and send the Member the amended personal data again by text message, email or mail. Lyoness is only liable for any damages incurred by the Member as a result of unauthorized use to the extent mentioned in Clause 11 hereof.

9. Data protection
9.1 Lyoness collects, saves and processes the Member's personal data to the extent necessary for the calculation of the Member Benefit and in order to provide services under the Lyoness Loyalty Programme. Within the framework of the settlement of the Friendship Bonus and the Additional Member Benefits, the volume of the Member's purchases within the Lyoness Loyalty Programme is provided to the Recommender of the Member. Lyoness may also use the personal data of the Member for personalized information about offers and products from Lyoness and Loyalty Partners and can exchange anonymous information regarding the shopping relevant data for the use of the Loyalty Programme with the respective Loyalty Partners which may be located outside the country of residence of the Member, insofar as it is necessary for effecting the business relationship. Lyoness guarantees to ensure the appropriateness of data protection in the country of destination in case that the Member's information is sent to a location different than his/her country of residence.

9.2 All requests regarding information, changes or cancellation of information/data can be submitted in writing directly to Lyoness or to Lyoness UAE. Lyoness reserves the right within the legal limits to reject requests, in particular those, which are unlawful, which the Member has submitted inappropriately and repeatedly often, which are filed in a systematic way or which put the data protection of other Members at risk.

9.3 Additional relevant rules regarding the protection of data when using the Lyoness website can be found in the corresponding data protection declarations at www.lyoness.ae.

9.4 Lyoness applies international security technologies in order to protect its Member's data from unauthorized access. Lyoness will not be held liable for the security of data transmitted over the internet except as set out in Clause 11 below.

10. Personal data – Declaration of consent
The Member explicitly agrees that Lyoness may collect, save and process his/her personal data concerning his purchasing behaviour (such as interests and preferences, and similar data) in connection with the Lyoness Loyalty Programme in order to provide the respective services under the Lyoness Loyalty Programme.
Furthermore, the Member specifically agrees that the volume of his/her purchases within the Lyoness Loyalty Programme (including but not limited to the Friendship Bonus) is informed to third parties such as his/her Recommender and is distributed and published worldwide, if necessary and for the purpose of providing the Member with the services under the Lyoness Loyalty Programme.
The Member may revoke his consent at any time with effect for the future by sending an email to servicecenter@lyoness.ae.

11. Liability
11.1 Lyoness shall only be liable for loss or damage resulting from its own gross negligence or wilful misconduct.

11.2 Other claims for damages are excluded. In particular, Lyoness shall not be liable for any of the following - including but not limited to:

(a) the availability of internet access;

(b) other technical and electronic errors (i) during the transmission of data via the internet as well as (ii) during the usage of the Lyoness internet portal, the Lyoness text message service and Lyoness applications for mobile end devices, provided that these errors do not lie within the area of responsibility of Lyoness;

(c) the availability of mobile communication networks or terminals;

(d) the functionality of the Member's mobile end device.

The purchase agreement for goods or the agreement concerning services comes into effect solely between the Member and the respective Loyalty Partner.

11.3 Insofar as the liability of Lyoness is limited or excluded, the limitations or exclusions are also applicable to the personal liability of the employees, the representatives and agents of Lyoness.

11.4 Exclusion and limitation of liability of Lyoness pursuant to this Clause 11 shall apply to the extent permitted by law.

12. Costs
12.1 The registration and participation in the Lyoness Loyalty Programme is free of charge for the Member.

12.2 The Lyoness Cashback Card is free of charge upon registration as a Member. In case of loss or damage of the Cashback Card the Member can, at any time, order a replacement card (see below Clause 16.6). The Member can, at any time, use the Mobile Cashback Card option free of charge.

13. Termination of the contractual relationship by the Member
13.1 The Member has the right to terminate the contractual relationship with Lyoness in writing at any time. During the validity of the contractual relationship the Member is not obliged to make purchases (with the exception of the compulsory first purchase during the Trial Membership), recommend Members or carry out further tasks.

13.2 Upon termination of the contractual relationship the Member only has a right to claim those Member Benefits from the Lyoness Loyalty Programme that existed at the time of termination of the contract.

13.3 The Member is not entitled to claim for a refund of Down Payments/Partial Payments made for orders (Vouchers/Gift Cards) upon termination of the contractual relationship between the Member and Lyoness. The Member does have the option to fully pay for the ordered Vouchers/Gift Cards before termination of the contractual relationship. Lyoness will deliver the Vouchers/Gift Cards to the Members after having received the entire purchase price for the order.

14. Termination of the contractual relationship by Lyoness
14.1 Lyoness reserves the right to cancel the ID-number and therewith the contractual relationship of any Member, which has not made a purchase within 30 (thirty) days from receipt of the ID-number (Trial Membership). Notice of the cancellation shall be given to the Member within 2 (two) weeks after the expiry of the Trial Membership.

14.2 Lyoness has the right to terminate the contractual relationship without cause by giving 8 (eight) weeks notice. Furthermore, Lyoness has the right to terminate the contractual relationship for a valid cause immediately without notice. Without prejudice to any express provisions for termination contained herein or given by law, causes for termination without notice shall include but not be limited to damage or harm to the economic/commercial interest and/or the reputation of Lyoness as well as to the respective Loyalty Partner, failure of the Member to comply with or being in breach of any of the provisions within this agreement (provided the Member did not refrain from further infringement within the notice period given by Lyoness in a respective written demand/warning). Failure to comply with the obligations stated in Clauses 2.3 and 2.4 of these General Terms and Conditions are also considered a cause for termination.

14.3 The Member shall indemnify and hold Lyoness harmless in case of any material breach, notwithstanding Lyoness' right to start any civil or criminal case against the Member for any and all actions described in Clause 14.2 above.

15. General provisions
15.1 Agreements reached on an individual basis between Lyoness and a Member shall always have priority over these General Terms and Conditions. Such agreements shall be concluded in written form or confirmed by Lyoness in writing. Verbal agreements are not accepted. Furthermore, Lyoness is entitled to send the Member contractual declarations and all information that is required for the execution of the agreement via text message or email provided that the Member did not object to such method of communication.
15.2 Current and applicable conditions are always published at www.lyoness.ae. The Member shall log on to Lyoness' website regularly in order to be updated on the conditions of the respective Loyalty Partners. Should there be any change in the terms and conditions regarding the use of the Member's personal data, Lyoness shall notify electronically or by any means of communication the Member of such changes.

15.3 Changes to these General Terms and Conditions and to other contractual agreements between the Member and Lyoness shall be provided to the Member in writing and are deemed to be accepted by the Member if the Member does not submit an opposition in writing within 14 (fourteen) days of the receipt of the notification of change. Lyoness shall inform the Member of the consequences of his conduct at the beginning of the notice period. Changes to the General Terms and Conditions shall only be considered accepted by the Member and become effective if Lyoness provides the Member with this information.

15.4 All gender specific terms used in the contract shall be construed to refer to both female and male personas as well as legal entities.

15.5 If any provision of this agreement is held to be partially or entirely invalid or unenforceable, the remainder of the provisions and the contract shall not be affected.

16. Miscellaneous provisions
16.1 This agreement shall be subject to the Laws of the United Arab Emirates. The regulations of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

16.2 Place of fulfilment of all contractual services is the corporate seat of Lyoness Europe AG in Buchs/Switzerland.

16.3 Natural persons who want to register and participate in the Lyoness Loyalty Programme as Members must be at least 21 (twenty-one) years old.

16.4 The claim for weekly transfers to the personal national bank account provided by the Member arises with a minimum amount of AED 25.

16.5 The Member is responsible for the proper and timeous payment of all charges, fees and taxes (if applicable) for which it may become liable as a result of the receipt of Member Benefits.

16.6 The cost for the issuance of a replacement for the Cashback Card is AED 40.

16.7 All disputes between the parties in connection with or arising out of the existence, validity, interpretation, performance and termination of this agreement, which the parties are unable to resolve amicably within 30 (thirty) days from the notification of the dispute by the demanding party to the other party, shall be finally settled by arbitration, in accordance with the Rules of Arbitration of the Dubai International Arbitration Center, by three arbitrators. The Arbitration shall take place in Dubai, United Arab Emirates. Proceedings and award shall be in the English language.