Terms and Conditions

LAST UPDATED: June 2020 (version 1.0)

INTRODUCTION

Welcome and thank you for purchasing the Aplauz voucher (the “Voucher”) which is made available by Aplauz CH GmbH, a limited liability company registered in the Canton of Zug (Switzerland) with the Commercial Register number CHE-210.337.181 and with a registered address at Zugerstrasse 77, 6340 Baar, Switzerland. With this Voucher you can make purchases online through a convenient, reliable and fast way. The Voucher offers you a monthly budgeting tool with full autonomy, privacy and security.

You, the holder of the Voucher (“you” or “your”), confirm your acceptance of these terms and conditions (“Terms”). If you do not agree to these Terms, you must not purchase the Voucher or return the Voucher and discontinue its use. You will get your money back. With the purchase respectively the use of the Voucher you accept these Terms.

Please read these Terms carefully. These Terms govern your purchase and use of the Voucher. These Terms and all communications between us and you will be either in the German, French, Italian or English language.

WHO WE ARE

Aplauz CH GmbH (“we”, “us”, or “our”) is a member of Financial Services Standards Association (VQF), a self-regulatory organization, who is officially recognized by the Federal Financial Market Supervisory Authority (FINMA). At the moment you purchase the Voucher, we will issue an electronic money (“e-money”) and indicate its value on the Voucher.

IN SHORT

The following key points of the Terms are only for your convenience. They do not substitute the full Terms. You can also print and download these Terms from our website: www.aplauz.ch/en/terms-and-conditions. You can further receive any information on us and the Voucher via email, if you send a request to contact@aplauz.ch.

  1. Using the Voucher. You should be aware that we cannot compensate you for the value if the Voucher is lost, so please make sure you keep it safe and secure, just like you handle your cash money. The Voucher is not reloadable and can only be loaded at the moment of the purchase.
  2. Limitations. The Voucher maximum value is limited to CHF 150.
  3. Personal use. The Voucher can only be used for personal, non-commercial use. The Voucher is not considered a gift card, please do not purchase for someone else. The Voucher is not transferable. No person other than you has any rights in relation to the funds held on the Voucher.
  4. Lawful use. You will use the Voucher in a lawful manner and not violate any laws and regulations and/or these Terms.
  5. Supervision. Be aware that the Voucher is a regulated electronic money product and that we are supervised by VQF. This means we may be required to undertake certain actions or follow any processes and that anyone involved in the Voucher is expected to strictly adhere to these Terms and any instructions we may give. Please respect this and, in return, we will work hard to make the Voucher as user friendly and easy to use as possible.
  6. Payments with the Voucher. You may make any purchases with the Vouchers at the online merchants approved by us.
  7. Redemption. You may redeem any unspent funds held on the Voucher at any time, but, depending upon the Expiry Date of the Voucher and the date of your redemption request, we reserve the right to charge an administrative fee.
  8. Payment issues. If you experience any problem with the Voucher, please contact us via contact@aplauz.ch. Keep the name of the merchant and any other available information about the transaction at hand.
  9. Limitation of Liability. To the maximum extent permitted by the applicable law, we will not be liable for any indirect damage or loss, arising from the use of our service. Our liability for direct damages is limited as specified hereafter.
  10. Law and Jurisdiction. Use of the Voucher is governed by and construed solely in accordance with the laws of Switzerland, and subject to the exclusive jurisdiction of the competent courts in Zug, Switzerland, subject to your local statutory rights.
  11. Changes. We may update these Terms at any time which will be communicated through our website (www.aplauz.ch), please make sure you check our website regularly.

IN DETAIL

Please read carefully the following Terms. By purchasing or using the Voucher, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Voucher. You hereby agree to these Terms being provided in the [German, French, Italian or English] language. Upon your request (to the email address listed in clause ‎8), we will send you a copy of the Terms via email.

  1. Definitions

“Available Funds” means at any given time funds available on the Voucher which is not yet spent and available to make payments with and to pay for fees and charges payable under these Terms.

“CODE” means the 16-digits code stated on the Voucher which is provided to you for use of the Voucher.

“Expiry Date” means the date printed on your Voucher which is the date your Voucher will cease to work.

“we”, “us, “our” means Aplauz CH GmbH.

“you” or “you” refers to the person that has purchased and holds the Voucher.

The Voucher may be bought at approved distributors’ stores and their network. A full list of our distributors can be found here: www.aplauz.ch/en/distribution-partners. Please check the list if you are uncertain if a distributor sells the Voucher or if you have concerns over its validity of business. We do not accept any liability if the Voucher is purchased through a distributor not listed as approved by us. At any time we may cancel and block the Voucher.

Your Voucher will expire on the Expiry Date. On that date, our relationship with you will terminate in accordance with clause ‎0, the Voucher will cease to function and you will not be entitled to use the Voucher. You are able to request a redemption of the Available Funds after the Expiry Date.

Initially purchased funds will be added as balance to your Voucher immediately. For the purposes of any loading, we are an e-money issuer and will issue e-money in exchange for the purchased funds. We will not be acting as a payment service provider when receiving such funds.

You acknowledge and agree that the distributor may refuse the purchase of a Voucher at any time. This may for instance happen if they suspect that the purchase does not adhere to applicable laws, including anti-money laundering and countering the financing of terrorism laws.

The Voucher is a prepaid payment instrument which may be used to pay for goods and services at participating online merchants. We cannot guarantee that a particular merchant will accept the Voucher, please check with the merchant or on our website before attempting the payment if you are unsure.

You must ensure that you have sufficient Available Funds on the Voucher for each purchase. The Voucher is intended for use as a means of payment and funds loaded do not constitute a deposit. You will not earn interest on the balance of the Voucher. You can redeem the Available Funds in accordance with clause ‎7 of these Terms.

At the moment of purchase, you need to communicate to the distributor the fixed face value to be loaded onto the Voucher (we offer the loading of 10, 25, 75, 150 CHF or any amount between 1-150 CHF on the Voucher, however purchases may be subject to purchase limits due to security and legal requirements). Once you have paid for the value, the distributor will hand over the Voucher, together with any other required information and these Terms. The Voucher cannot be reloaded.

 

  1. Security

Please always keep the Voucher and the Code safe and never disclose them to anyone. From the moment you receive the Voucher and the Code, you are fully responsible for the safekeeping thereof and you must take all reasonable steps to avoid loss, theft or misuse of the Voucher or the Code. Do not disclose the Voucher details or the Code to anyone except when necessary to complete a payment. You must comply with the security procedures we tell you about from time to time. If the Voucher can no longer be used or redeemed, through any act or omission from you, you shall carry full responsibility.

If you have any indication or suspicion of your Voucher, Code or other security feature being, stolen, misappropriated, used without authorisation or otherwise compromised, you must contact us without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of your Voucher or Code. Any undue delay in notifying us may not only affect the security of your Voucher but may result in you being liable for any losses as a result where your failure to notify us is intentional or grossly negligent. You will be asked to provide the Voucher serial number and other information to verify that you are the authorised holder of the Voucher. Following a verification process, we will immediately block the Voucher.

We may suspend your Voucher or otherwise restrict its functionality on reasonable grounds relating to the security of the Voucher or any of its security features or if we reasonably suspect that an unauthorised or fraudulent use of your Voucher has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so (including where we do not have your contact details to reach you), immediately after the suspension or restriction has been imposed (or when you contact us), unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

 

  1. Use of the Voucher and Restrictions

You must ensure that you have sufficient Available Funds on the Voucher to pay for each purchase.

It is strictly forbidden to use your Voucher for any illegal purposes including but not limited to fraud and money laundering. We will investigate and report any suspicious activity to the relevant law enforcement agency. You are only allowed to use the Voucher for legal transactions and are prohibited from using the Voucher in an attempt to abuse, exploit or circumvent the usage restrictions imposed by an online merchant on the services it provides.

We may restrict or block your Voucher without notice if we identify or suspect that suspicious, fraudulent or illegal activities are being carried out in relation to the Voucher, if we believe you have not complied with these Terms, if we believe any use of the Voucher is unusual and requires further investigations. In addition to the foregoing or in the event of exceptional circumstances which prohibit the normal operation of the Voucher. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this clause ‎3, we reserve the right to: require you to provide any identification documentation, reverse the transaction and/or report the transaction to the relevant law enforcement agency.

To check the Available Funds and purchase transaction history of the Voucher, please use our website.

 

  1. Service Availability

We generally support payments 24 hours a day, 365 days per year, however, we cannot guarantee this will always be the case. In certain circumstances, for instance, in case of important scheduled (or unscheduled) maintenance operations, we may be unable to complete payments. Therefore, to the fullest extent permitted by applicable law, we hereby exclude all representations regarding the service availability.

 

  1. Payments

You can use the Available Funds for purchases at participating websites. A full list of online merchants that accept the Voucher can be found here: www.aplauz.ch/en/online-partners. Please check the list if you are uncertain if a merchant accepts the Voucher or if you have concerns over its validity of business.

You are not required to make one payment for the entire value of Available Funds and you can make any partial payments at any time until the total value is used completely.

To make a payment, you need a working internet connection and a browser capable of JavaScript. To make a payment you are required to hold a valid Code. You will need to pick Aplauz as payment option at the merchant`s payment page. The payment screen will then display the name of the merchant and the total purchase amount. At the moment you proceed with entering the Code and validate, you give us irrevocable consent to execute the payment and deduct the amount from the Available Funds and transfer the value to the merchant. You need to ensure you have sufficient Available Funds for the purchase value and any applicable fees and charges. The fulfilment of all the above conditions, shall be deemed proper consent by you to execute the payment instruction. We will assume that all payments initiated with your Voucher and Code are made by you, unless you notify us in accordance with clause ‎2.

Payments are subject to payment limits due to security and legal requirements. Clause ‎3, paragraph 3 applies.

The Voucher is denominated in CHF.

We do not process any refunds agreed between you and a merchant.

 

  1. Service Fees

An administrative fee of 3 CHF is applied if the Voucher is not used for a period of longer than twelve (12) months since Voucher purchase date. This fee will be charged monthly and deducted from the Available Funds until the Available Funds are redeemed completely or the balance becomes zero (after deduction of fees).

We may charge a redemption fee of 8 CHF in accordance with clause ‎7.

 

  1. Redemption

At any time, you may terminate this Agreement and redeem the Available Funds on the Voucher by contacting us in accordance with clause ‎8. You acknowledge that you need to provide a copy of the Voucher, your full name and address, copy of your ID and your bank account number (IBAN). We will make an electronic wire transfer to a bank account held by a Swiss licensed credit institution that you nominate for the amount of the Available Funds on the Voucher. Certain additional conditions and limitations may apply as we may instruct you. We will not complete your redemption request if we believe you have provided false information, we are concerned about the security of a transaction or if your Voucher and related transactions are not in good standing.

We reserve the right to carry out any necessary anti-money laundering, countering terrorism financing, fraud prevention or other illegal activity prevention checks before authorising any redemption request.

If your redemption request is validated, we will execute the wire transfer within 10 days of the validation date

If you request redemption of the entire remaining balance, we will assume that it is your intention to terminate the relationship and these Terms will terminate.

 

  1. Customer Support and Communications

In case of any questions about or problems with the use of the Voucher, please contact us at the email address provided. We will do our best to assist you with any disputes you might have with the merchants, however, we accept no responsibility or liability for the quality or any other aspect of the goods or services being sold by Online Merchants.

Our customer support team is available from 9:00 to 17:30 Monday to Friday. They can be reached through:

Phone: +41 43 588 14 08

Email: contact@aplauz.ch

If you are not satisfied with any element of the service you receive, complaints should be made to our customer support team and will be dealt with in accordance with clause ‎12.

 

  1. Term and Termination

These Terms will apply as long as the relationship between you and us is not terminated or all Available Funds have been fully used or redeemed. Any terms that are required to survive expiration or termination will survive expiration or termination.

You may cease or terminate your use of the Voucher at any time, by providing us with written notice by e-mail. You will be able to request redemption of any remaining Available Funds in accordance with clause ‎7.

We may at any time suspend or terminate your ability to use the Voucher and our relationship with you with immediate effect if:

(i) you breach any condition of these Terms;

(ii) you violate or we have reason to believe that you are in violation of any law or regulation that might have any impact on us, or on the use of the Voucher;

(iii) we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity as far as such activity might have any impact on us, or on the use of the Voucher; or

(iv) we have reason to believe that another Voucher provided by us is held by you and has been used for any fraudulent activity, money laundering, terrorism financing or other criminal activity.

 

  1. Privacy

We will process your personal data while providing our services in compliance with the applicable data protection laws when processing your data.

How we deal with your personal data is further described in our privacy policy: [www.aplauz.com/en/privacy-policy]. With the purchase and the use of the Voucher you also accept our privacy policy.

 

  1. (Limitation of) Liability

In the case of an unauthorised payment or a payment that was incorrectly executed due to a default by us, we shall, as soon as practicable, refund the payment amount including all fees deducted therefrom. This shall not apply:

(i) where the unauthorised payment arises from your failure to keep the Voucher and the Code safe in accordance with clause ‎2;

(ii) if you fail to notify us without undue delay of any loss of your Voucher or Code or other event that could reasonably be expected to have compromised the security of your Voucher, in which case you shall remain liable for losses incurred until you notify us;

(iii) if the transaction was authorised but you have acted fraudulently or compromised the security of your Voucher with intent or gross negligence, in which case you shall be solely liable for all losses; or

(iv) if you fail to dispute and bring the unauthorised or incorrectly executed transaction to our attention within 1 month from the date you know about the unauthorised use, but in any event within 13 months from the date of the transaction.

Unless you have acted fraudulently, the foregoing clause shall not apply to transactions made after you have notified us in accordance with section ‎2, or where we are required to use strong customer authentication but fail to do so, in which case we shall remain liable and refund any unauthorised transaction to you as soon as practicable.

We shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected (see also clause ‎4).

Our obligation under these Terms is limited to providing you with an electronic money payment instrument and related payment services. We do not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by a participating merchant. Therefore, we accept no liability or warranty for services or goods paid for by using the Voucher.

We ACCEPT Liability exclusively for damages caused by our own conduct or by conduct attributable to us, whether intentionally or through gross negligence. We shall nEITHER be liable for consequential damages, loss of profit and data, nor for damages resulting from the illegal or contract-violating use of our services.

Nothing in these Terms shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.

You agree to defend, reimburse or compensate us and hold us (and our contractors) harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we (or the contractors) incur or suffer due to or arising out of your breach of these Terms, breach of any applicable law or regulation somehow related to the use of the Voucher. This provision shall survive termination of the relationship between you and us.

 

  1. Complaints, Governing Law and Jurisdiction

We have an internal complaint procedure for complaints relating to the use of the Vouchers. If you have a complaint about the Voucher or you feel we do not comply with these Terms, please contact us via: contact@aplauz.ch. We will undertake all reasonable efforts to reply to you adequately and no later than fifteen (15) business days of receipt of the complaint. If we are unable to reply in the given time frame, for reasons beyond our control, we will notify you of the delay and the reasons and the deadline for a final reply. At no point shall this deadline exceed 35 business days.

Regardless of residence or where you access or use the Voucher from, these Terms, your use of the Voucher and your activity in connection with the Voucher, will be governed by and construed in accordance with the laws of Switzerland, excluding the rules of conflict of laws.

The jurisdiction and venue of any action, suit or legal proceedings, with respect to the Service, these Terms or us, shall be in the competent courts located in Zug, Switzerland.

 

  1. General

Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void. We may assign these Terms in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of its equity or assets relating to our serivce. By virtue of such assignment, the assignee assumes our stead, including all right, duties, liabilities and obligations, and we are irrevocably released therefrom.

Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.

Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

Entire agreement. These Terms, together with the privacy policy, constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.

Changes. If any changes are made by us to these Terms, they will be published on our website at least 2 months before the changes take effect (unless the law requires to make a more immediate change). Copies of the most up-to-date version of the Terms will be made available on our website at all times and will be sent to you by email upon request free of charge at any point during the term of the relationship. If you do not accept the change, you may end the relationship immediately and free of charge before the expiry of the notice period (2 months, unless the law requires a more immediate change). Please follow the redemption procedures to receive any remaining Available Funds on the Voucher. If you make any payment after expiry of the notice, you are deemed to have accepted the changed Terms.

Contact us. At any time, you may contact us with any question that you may have with respect to the Voucher at: contact@aplauz.ch