Terms and Conditions

APLAUZ VOUCHER SWITZERLAND

Version 1.1, Valid from 13.12.2022.

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 Sihlbruggstrasse 107, 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 170.

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.

1o. 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.

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 online and store distributors and their networks. A full list of our distributors can be found here: https://aplauz.com/#buyaplauz. 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 ‎9, 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. In case the distributor are using an online distribution platform, the Voucher will be delivered in a form of a 16-digit code/PIN number by e-mail, SMS or any other way made available by the distributor. The Voucher cannot be reloaded.

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.

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.

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.

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/where-can-i-use-aplauz/. 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.

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 the 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 the deduction of fees).

We may charge a redemption fee of 8 CHF in accordance with clause ‎7. Some distributors and merchants may charge administration or other additional fees when an Aplauz voucher is purchased and/or used. We advise that you consult the distributors and/or merchants terms and conditions to obtain any information on such fees prior to completing the purchase.

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). If the Voucher is purchased online you need to provide Voucher PIN number, Voucher serial number, face value, Issue Date and name of the distributor. 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.

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.

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.

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.

(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.

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.

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.

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

Version 1.0, Valid to 13.12.2022.

INTRODUCTION

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

IN SHORT

2. Limitations. The Voucher maximum value is limited to CHF 150.

4. Lawful use. You will use the Voucher in a lawful manner and not violate any laws and regulations and/or these Terms.

6. Payments with the Voucher. You may make any purchases with the Vouchers at the online merchants approved by us.

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

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/where-can-i-use-aplauz/. 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.

2. Security

3. Use of the Voucher and Restrictions

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

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

4. Service Availability

5. Payments

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.

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.

6. 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.

7. 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.

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.

8. Customer Support and Communications

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.

9. Term and Termination

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;

(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.

10. 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.

11. (Limitation of) Liability

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

12. Complaints, Governing Law and Jurisdiction

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.

13. General

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

APLAUZ VOUCHER EUROPE

Version 1.0, Valid from 31.05.2023.

INTRODUCTION

The purchase and use of the Aplauz voucher (the “Voucher”) are subject to these terms and conditions. The Voucher is made available by Aplauz NL B.V., a limited liability company registered in the Netherlands with Chamber of Commerce number 77446844 and with a registered address at Keizersgracht 555, 1017 DR Amsterdam, the Netherlands. With this Voucher you can make payments online in a convenient, reliable and fast way. The Voucher offers you a monthly budgeting tool with full autonomy, privacy and security. If you require clarification or any further information regarding the Voucher please contact us at: contact@aplauz.com.

By purchasing the Voucher, you, the holder of the Voucher (“you” or “your”), confirm your acceptance of these terms and conditions (“Terms”). You may only purchase and use the Voucher if you agree to these Terms. If you do not agree to these Terms, you must not purchase the Voucher or return the Voucher and discontinue its use following the process described in clause 7. By purchasing and/or using the Voucher you agree that you have read, understood and accepted 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 in the English language.

WHO WE ARE

Aplauz NL B.V. (“we”, “us”, or “our”) holds an Electronic Money Institution license with the Central Bank of the Netherlands under the number R180692, registration link https://www.dnb.nl/openbaar-register/registerdetailpagina/?registerCode=WFTEG&relationNumber=R180692. Under this license, we are required to safeguard your funds. At the moment you purchase the Voucher, we will issue electronic money (“e-money”) and indicate its value on the Voucher. Any funds received from you will be transferred into a safeguarded bank account . Your funds will not be used by us for any other purpose and in the unlikely event that we become insolvent, your e-money is protected in the safeguarded account at an European Economic Area-authorized credit institution (bank).

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: https://aplauz.com/terms-and-conditions/. You can further receive any information about us and the Voucher via email, if you send a request to contact@aplauz.com.

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 and Extended Options. The Voucher maximum value is limited to 150 EUR.

3. Use. The Voucher can only be used in accordance with these Terms and for personal, non-commercial use.

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 the Central Bank of the Netherlands. This means we may be required to undertake certain actions or 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 payments for goods and/or services to Merchants with the Voucher.

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 a redemption fee.

8. Payment issues. If you experience any problem with the Voucher, please contact us via contact@aplauz.com. Keep the name of the Merchant and any other available information about the transaction at hand.

9. Limitation of Liability. Subject 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 the Netherlands, and subject to the exclusive jurisdiction of the competent courts in Amsterdam, the Netherlands, subject to your local statutory rights.

11. Changes. We may update these Terms at any time which will be communicated through our website (https://aplauz.com/). Please make sure you check our website regularly.

OVERVIEW

The Voucher may be bought at approved online and store distributors and their network. A full list of our distributors can be found here: https://aplauz.com/#buyaplauz. 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 such a Voucher. You acknowledge and agree that the distributor may refuse the purchase of a Voucher at any time, in accordance with our policies.

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

Your Voucher will expire on the Expiry Date, which is the date that is referenced on the Voucher after which the Voucher can no longer be used. On that date, our relationship with you will terminate in accordance with clause 9 (Term and Termination), 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 Available Funds 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. Our administration and records shall be deemed conclusive and final, unless you are able to prove otherwise.

You must ensure that you have sufficient Available Funds on the Voucher for each payment. 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 ‎6 (Redemption) 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, 50, 75, 100, 150 or any amount between 1-150 EUR on the Voucher, however, purchases may be subject to purchase limits due to security and legal requirements). You cannot make any purchase of Vouchers that would exceed 150 EUR. Once you have paid for the desired value, the distributor will hand over the Voucher, together with any other required information and these Terms. The Voucher cannot be reloaded.

1. Security

The Voucher is not issued or registered to your name. This means that anyone that holds the Voucher and the Code can use it. 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. If the Voucher does get lost, stolen or misused, you will lose any Available Funds on the Voucher. 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.

There are options to register the Voucher so it is safe and secure, by downloading our Aplauz Digital Wallet from your App store or Google Play. For further information, please check clause 4 (Payments) paragraph 1. Please note that after registration, the physical Voucher can still be used. Please keep the Voucher and Code safe and secure at all times or dispose of it making the Code unreadable and Voucher unusable.

We may suspend or block 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.

2. Use of the Voucher and Restrictions

You must ensure that you have sufficient Available Funds on the Voucher to pay for each payment. Any payment with the Voucher made and ordered by you, once accepted by us, cannot be revoked, cancelled, changed or returned.

We may restrict or block your Voucher without notice if we identify or suspect that unusual, 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 that we are required to do so to comply with applicable laws. We will conduct further investigations when required after which we reserve the right to require you to provide any identification documentation, block or reverse the transaction or de-block the Voucher, return the Available Funds to you or replace the Voucher. As a regulated financial institution we may be required to report transactions to the relevant law enforcement agency. At any time the Voucher is blocked, you are unable to make payments or make any request for redemption of the Available Funds.

To check the Available Funds and payment transaction history of the Voucher, please use our website https://aplauz.com/#checkbalance.

We assume no responsibility and shall not be held liable for any claims, losses, costs, expenses or damages of whatever nature resulting from the use of any Voucher by you. We will not be responsible for any delay in the use of the Voucher or the redemption thereof.

3. Service Availability

4. Payments

You can use the Available Funds for payments at participating websites (referred to as “Merchants”). A full list of the Merchants that accept the Voucher can be found here: https://aplauz.com/where-can-i-use-aplauz/. Please check the list if you are uncertain if a Merchant accepts the Voucher or if you have concerns over its validity of business. Please be aware that the Voucher features, in accordance with regulatory requirements, allow you to only make Voucher payments of maximum 50 EUR each time. If you wish to make use of the Voucher for a payment over 50 EUR, please download our Aplauz Digital Wallet at the App Store or Google Play and provide the required information to open an account with us. The app allows you to register your Voucher and manage your Voucher(s) more effectively.

You can use the Voucher multiple times. 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 of the Voucher 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 payment 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 payment 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 ‎1 (Security). You will carry all risks of loss of Available Funds if you do not adhere to the payment instructions or other instructions as set forth in these Terms.

After successful completion of the payment you cannot make any claims of incorrect execution to us. Payments are subject to payment limits due to security and legal requirements. Clause ‎2 (Use of the Voucher and Restrictions) paragraph 3 applies.

The Voucher is denominated in EUR.

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

We are entitled to introduce changes to the Voucher or terminate any participation of a Merchant from time to time at our absolute discretion.

5. Service Fees

You may hold any e-money (your Available Funds on the Voucher) indefinitely. However, a maintenance fee of 2.50 EUR will be charged after six months from the Voucher purchase date. This fee will be charged monthly and deducted from the Available Funds on the first day of every month starting from the first month after the 6-month period has elapsed until the balance becomes zero (after the deduction of fees).

We may charge a redemption fee of 4.00 EUR in accordance with clause ‎6 (Redemption) in order to cover for administrative expenses and bank charges. This Redemption Fee will be directly deducted from the Available Funds.

6. Redemption

At any time, you may terminate your relationship with us and redeem the Available Funds on the Voucher by contacting us in accordance with clause ‎7 (Customer Support and Communications). 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 normally make an electronic wire transfer to a bank account 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.

If your redemption request is validated, we will execute the wire transfer within 10 days of the validation date. We reserve the right to reject your redemption request if we reasonably believe there is any risk of fraud, willful misconduct or gross negligence on your side.

If you request redemption of the entire remaining balance, we will assume that it is your intention to terminate the relationship and that these Terms will terminate. You agree that any applicable redemption fee will be deducted from the Available Funds. In the event the Available Funds amount is lower than the fee, our redemption obligation will be forfeited.

7. 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 Merchants.

Our customer support team is available from 9:00 to 18:00 CET Monday to Friday. They can be reached through:

Email: contact@aplauz.com

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 ‎11 (Complaints, Governing Law and Jurisdiction).

8. 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 legally required to survive expiration or termination will survive expiration or termination.

We may at any time suspend or terminate your ability to use the Voucher and our relationship with you without notice 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;

(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.

9. Privacy

We are the Data Controller of your personal data, and will manage and protect your personal data in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679.

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

10. (Limitation of) Liability

(i) where the unauthorised payment arises from your failure to keep the Voucher and Code safe in accordance with clause ‎‎1 (Security);

Unless you have acted fraudulently, the foregoing clause shall not apply to transactions made after you have notified us in accordance with clause 1 (Security), or 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 are never responsible or liable for any claims or damages whatsoever arising out of the acts and/or omissions of Merchants where you may have made payments with the Voucher.

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 Merchant. Therefore, we accept no liability or warranty for services or goods paid for by using the Voucher.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY SIMILAR DAMAGE OR LOSS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES INCURRED FOR LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR LOSS OF REPUTATION) ARISING OUT OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE VOUCHER OR ASSOCIATED SERVICE, OR FROM ANY FAILURE, DELAY, ERROR OR BREAKDOWN IN THE FUNCTION OF THE VOUCHER OR SERVICE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WE SHALL NOT BE LIABLE FOR ANY LOSSES ARISING FROM OUR COMPLIANCE WITH LEGAL AND REGULATORY REQUIREMENTS.

IN ANY EVENT, OUR TOTAL, MAXIMUM LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FOLLOWING: (I) IF A DISPUTE ARISES IN CONNECTION WITH CERTAIN PAYMENT(S) PROCESSED BY US – THE AMOUNT OF THE TRANSACTION THAT IS UNDER DISPUTE; OR (II) IF A DISPUTE DOES NOT ARISE IN CONNECTION WITH CERTAIN PAYMENT(S) PROCESSED BY US – UP TO 250 EUR.

11. 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.com. 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.

If the complaint cannot be resolved within four weeks to your satisfaction, you may resort to the Financial Services Complaints Tribunal (Kifid – www.kifid.nl), but only in the event that we have informed you of our final position on the matter. You may also file any legal proceeds with the competent Dutch courts.

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 the Netherlands, excluding any otherwise applicable rules of conflict of laws which would result in the application of the laws of a jurisdiction other than the Netherlands, except for any other jurisdictions granted under your local statutory rights.

The non-exclusive 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 Amsterdam, the Netherlands, without prejudice to your right as permitted by law to also initiate such action or proceeding before the competent courts in your country of residence.

12. 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 service. 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 us 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.com.

Last updated: May 31, 2023 (version 1.0)

APLAUZ APP EUROPE

Version 1.0, Valid from 31.05.2023.

INTRODUCTION

The opening and use of an account with us for the purpose of managing your voucher(s) issued by Aplauz (the “Vouchers“) and offering extended product features (hereinafter the “ Digital Wallet”), which is accessible by downloading our mobile app in your app store are subject to these terms and conditions. The Digital Wallet is made available by Aplauz NL B.V., a limited liability company registered in the Netherlands with Chamber of Commerce number 77446844 and with a registered address at Keizersgracht 555, 1017 DR Amsterdam, the Netherlands. With this Digital Wallet, you can make payments online in a convenient, reliable, and fast way. The Digital Wallet represents electronic money issued by us and offers you a monthly budgeting tool with full autonomy, privacy, and security. If you require clarification or any further information regarding the Digital Wallet please contact us at: contact@aplauz.com.

You, the holder of the Digital Wallet (“you” or “your”), confirm your acceptance of these terms and conditions (“Terms”). You may only open and use the Digital Wallet if you agree to these Terms. If you do not agree to these Terms, you must not open the Digital Wallet and discontinue its use following the process described in clause 7 (“Redemption”). By opening and/or using the Digital Wallet you agree that you have read, understood, and accepted these Terms.

Please read these Terms carefully. These Terms govern your opening and use of the Digital Wallet. These Terms and all communications between us and you will be in the English language.

The purchase of a Voucher, without the use of our Digital Wallet, is subject to the terms and conditions here (https://aplauz.com/terms-and-conditions).

WHO WE ARE

Aplauz NL B.V. (“we”, “us”, or “our”) holds an Electronic Money Institution license with the Central Bank of the Netherlands under the number R180692. Under this license, we are required to safeguard your funds. The moment you open the Digital Wallet and add the value of the Voucher to the balance of the Digital Wallet, we will add such amounts to the balance of the Digital Wallet. Any funds received from you will be transferred into a safeguarded bank account. Your funds will not be used by us for any other purpose and in the unlikely event that we become insolvent, your e-money is protected in the safeguarded account at an EEA-authorised credit institution (bank).

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: https://aplauz.com/terms-and-conditions/. You can further receive any information on us and the Digital Wallet via email if you send a request to contact@aplauz.com.

1. Product feature access. To unlock different product features, you need to provide us with certain information and/or documentation as instructed by us, in order for you to benefit from your Digital Wallet to the fullest, while we ensure we comply with applicable laws.

2. Personal use. The Digital Wallet can only be used in accordance with these Terms and for personal, non-commercial use and you can only hold one Digital Wallet. The Digital Wallet is not transferable. No person other than you has any rights in relation to the funds held in the Digital Wallet.

3. Lawful use. You will use the Digital Wallet in a lawful manner and not violate any laws and regulations and/or these Terms.

4. Supervision. Be aware that the Digital Wallet is a regulated electronic money product and that we are supervised by De Nederlandsche Bank (Central Bank of the Netherlands). This means we may be required to undertake certain actions or follow any processes and that anyone involved in the Digital Wallet 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 Digital Wallet as user-friendly and easy to use as possible.

5. Payments with the Digital Wallet. You may make any payments with the Digital Wallets from Merchants, subject to any limitations as set forth herein (see for instance clause 3 paragraph 7).

6. Redemption. You may redeem the balance held on the Digital Wallet at any time.

7. Fees. Fees means the charges payable by you for using our services.

8. Payment issues. If you experience any problem with your payments with the use of the Digital Wallet, please contact us via contact@aplauz.com. 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 Digital Wallet is governed by and construed solely in accordance with the laws of the Netherlands, and subject to the exclusive jurisdiction of the competent courts in Amsterdam, the Netherlands, subject to your local statutory rights.

11. Changes. We may update these Terms at any time which will be communicated through our mobile app, please make sure you check your Digital Wallet regularly.

OVERVIEW

You may buy Vouchers at approved distributors’ stores and their networks. A full list of our distributors can be found here: https://aplauz.com/#buyaplauz. With our Digital Wallet, we offer you the ability to store, retrieve and use your Voucher in an easier and more conscious way, to view your transaction history and spending activity, to make higher value payments depending upon your customer status (see clause 3 paragraph 6), and more.

1. Opening and Maintaining the Digital Wallet

These Terms govern the opening, use, and closure of your Digital Wallet, including the redemption of electronic money and the execution of payments by us in relation to the balance on your Digital Wallet. In order to be eligible to open a Digital Wallet you must be 18 years or older, and living in the European Economic Area, after acceptance thereof by us. You are expected to use the Digital Wallet for non-commercial and personal purposes only and you are not permitted to (attempt to) register for more than one Digital Wallet.

Depending upon the features of the Digital Wallet you wish to use, we may require certain information and documentation from you, either at the time of your registration or at any time thereafter (for instance to grant access to other product features), such as an identity document.

Obtaining a Digital Wallet as an Aplauz Plus customer: you must register by creating an account through the app and enter all requested information accurately. We reserve the right to ask for any documentation to check the accuracy of the information you have provided. We have the undisputed right to reject your registration request. Limits will apply in terms of loading the Digital Wallet and payments made with the balance on your Digital Wallet, as will be notified to you through the app.

Opening a Digital Wallet as an Aplauz Pro customer: You may also upgrade your Aplauz Plus customer status Digital Wallet to an Aplauz Pro customer to benefit from additional features. To do so you will provide us with a picture of an acceptable identity document and your selfie or a video of yourself, which we will process in accordance with our privacy policy (https://aplauz.com/privacy-policy). This data and documentation will be stored and verified by us. We have the undisputed right to reject your registration or upgrade request. Limits may apply in terms of loading the Digital Wallet and payments made with the balance on your Digital Wallet, as will be notified to you through the app.

You declare that any information and documentation you provide as per the above is accurate, complete, up-to-date, and authentic. We reserve the right to not accept your registration for the Digital Wallet without providing you with the reason(s) for declining your registration. Your Digital Wallet may not be activated unless you have provided us with the required information.

You undertake to maintain and promptly update all information provided to us and to keep it true, accurate, current, correct, and complete at all times. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence. Any amendments to your contact details should be communicated to us immediately, by sending the relevant documentation to our customer support team.

2. Security

Please always keep the Digital Wallet, your Vouchers (and your password and Voucher Codes) safe, and never disclose them to anyone. During any contact with us, we will never ask for your password. From the moment you receive access to the Digital Wallet, you are fully responsible for the safekeeping thereof and you must take all reasonable steps to avoid loss, theft, or misuse of the Digital Wallet or the password. If the password does get lost, stolen, or misused, you may lose any balance on the Digital Wallet. Do not disclose the Digital Wallet details or the login details to anyone except when necessary to complete payment. You must comply with the security procedures we tell you about from time to time. The foregoing also applies to the Vouchers once added to the Digital Wallet. Please ensure these are disposed of carefully or kept safe, as the Voucher can still be used even after it has been added to the Digital Wallet. If the balance on the Digital Wallet (or 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 Digital Wallet, log in details, 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 Digital Wallet or log in details. Any undue delay in notifying us may not only affect the security of your Digital Wallet 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 information to verify that you are the authorised holder of the Digital Wallet. Following a verification process, we will immediately block the Digital Wallet and permit you to reset your password.

We may suspend or block your Digital Wallet or otherwise restrict its functionality on reasonable grounds relating to the security of the Digital Wallet or any of its security features or if we reasonably suspect that unauthorised or fraudulent use of your Digital Wallet 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.

3. Use of the Digital Wallet and Restrictions

The balance of the Digital Wallet can only be loaded with available funds held on your Voucher(s), up to the limit set for your Digital Wallet (as notified to you through the app). In order to add a Voucher to your Digital Wallet balance, please add the unique code of the Voucher in the designated place in our app. If the load is successful, you can immediately see the amount reflected in your balance of your Digital Wallet. You can always check the balance available on the Digital Wallet through the app. Our administration shall constitute full evidence of the balance, unless proven otherwise by you. Electronic money stored on the Digital Wallet constitutes a claim on us, which is personal to you and no person other than you has any rights in such funds. Electronic money accounts, such as your Digital Wallet, are not bank accounts and not interest-bearing. The electronic money held as balance on your Digital Wallet does not expire. By accepting these Terms you acknowledge that no financial services compensation scheme applies to your Digital Wallet, meaning your money held with us is not guaranteed by any government. However, we are subject to financial services regulations that require us to keep any customer funds secure at all times, even in the unlikely event we would become bankrupt.

We may, at our sole discretion, refuse to accept a registration of a Voucher in the Digital Wallet or payment, if it does not comply with these Terms or if we reasonably believe that such load or payment may violate any applicable laws, the carrying out of the payment may compromise the security or integrity of our services and/or our systems.

With the Available Balance, you may make payments for products and/or services with online merchants that accept the Digital Wallet as a payment method (“Merchants”). You must ensure that your balance is sufficient on the Digital Wallet to pay for each payment. Any payment with the Digital Wallet made and ordered by you, once accepted by us, cannot be revoked, canceled, changed, or returned.

It is strictly forbidden to use your Digital Wallet 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 Digital Wallet for legal transactions and are prohibited from using the Digital Wallet in an attempt to abuse, exploit or circumvent the usage restrictions imposed by us or a Merchant on the goods and/or services it provides.

We may restrict or block your Digital Wallet without notice if we identify or suspect that unusual, fraudulent, or illegal activities are being carried out in relation to the Digital Wallet and/or your payments, if we believe you have not complied with these Terms, or if we believe that we are required to do so to comply with applicable laws. We will conduct further investigations when required after which we reserve the right to require you to provide more information (such as KYC documentation), block the payment or de-block the Digital Wallet, and/or return the balance to you (if permitted under applicable laws). As a regulated financial institution we may be required to report transactions to the relevant law enforcement agency. At any time the Digital Wallet is blocked, you are unable to make payments or make any request for redemption of the balance.

We assume no responsibility and shall not be held liable for any claims, losses, costs, expenses, or damages of whatever nature resulting from the use of the Digital Wallet by you.

Certain payment and other limits may apply, depending upon your customer status, country of residence, and other factors we may determine from time to time. If you want to enable making higher-value payments, you can request an upgrade of your status under the Digital Wallet, by following the steps through the app (please see the “Get Verified” button on your dashboard). You will be required to provide further information and/or documentation. At any time do we retain the right not to approve upgrading your status. We are entitled at any time, regardless of which Wallet status you hold with us, to temporarily or permanently adjust your limits at our own discretion.

If you have added a certain Voucher to your Digital Wallet balance, in addition to making payments through the Digital Wallet, you are still able to use the Voucher by making a payment using the Voucher code, pursuant to the Voucher terms and conditions). In such an event, after execution of the payment, the amount of the payment will be deducted from the Available Funds in your Digital Wallet.

4. Service Availability

We generally support access to the Digital Wallet and making 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 and we cannot be held liable in the event you are (temporarily) unable to execute a payment.

5. Payments

You can use the balance on the Digital Wallet for making payments at participating websites (“Merchants”). A full list of the Merchants that accept the Digital Wallet can be found here: https://aplauz.com/where-can-i-use-aplauz/. Please check the list if you are uncertain if a Merchant accepts the Digital Wallet or if you have concerns over its validity of the business. Certain payment limits may apply, either enforced by us or by the Merchants (for instance depending upon your age). If you want to enable making higher value payments, please follow the steps throughout the app to upgrade your status (see also clause 3 paragraph 6). You will be required to provide further information and/or documentation. At any time do we retain the right not to approve upgrading your payment limits.

To make a payment, you need to allow push notifications of our mobile app on your phone, have a working internet connection, and have a browser capable of JavaScript. To make a payment you are required to hold a sufficient Available Balance. You will need to pick Aplauz as a payment option on the Merchant’s payment page. The payment screen will then display the name of the Merchant and the total payment amount. In order to complete the payment, you are required to enter your mobile phone number as registered on your Digital Wallet following which you will receive a push notification on your mobile device as payment confirmation. To finalize the payment you need to confirm the payment through the app. By doing so, you give us irrevocable consent to execute the payment and deduct the amount from the balance on the Digital Wallet and transfer the value to the Merchant. You need to ensure you have a sufficient balance for the payment value and any applicable fees and charges. The fulfillment 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 Digital Wallet are made by you unless you notify us in accordance with clause 2 (Security). You will carry all risks of loss of the funds held in the Digital Wallet if you do not adhere to the payment instructions or other instructions as set forth in these Terms.

After the successful completion of the payment, you cannot make any claims of incorrect execution to us. Payments may be subject to payment limits due to security and legal requirements. Clause ‎3 (Use of the Digital Wallet and Restrictions) paragraph 3 applies. The balance will be deducted at the moment that you performed the payment.

The Digital Wallet is denominated in EUR. You will be able to view the history of all your payments on your Digital Wallet, together with the date of receipt or transmission (the debit value date) and, where applicable, any exchange rate used. You should check the balance on your Digital Wallet and transaction history regularly and if you are aware of any mistake or error in the transactions or discrepancy in your Digital Wallet, you must inform us immediately, failing which, the transactions carried out shall be deemed valid and accurate after seven (7) business days from the date of execution.

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

We are entitled to introduce changes to the Digital Wallet or terminate any participation of a Merchant from time to time at our absolute discretion.

6. Service Fees

Your Digital Wallet account is free for personal use as long as you make a transaction at least once every six months. Otherwise, an inactivity fee of 4.50 EUR will be deducted monthly from your account on the first day of every month starting from the first month after the 6-month period has elapsed.

We may charge a redemption fee of 4.50 EUR in accordance with clause ‎7 (Redemption) in order to cover administrative expenses and bank charges.

We may set off all amounts you owe us against your balance on your Digital Wallet at any time, without notice and you hereby authorise us to do the same. Such deductions may be made at any time, as will be reflected in the transaction history on your Digital Wallet. Transaction fees may be charged when the transaction is executed. If the balance on your Digital Wallet is insufficient to cover the fees, we may refuse to execute the payment.

We reserve the right to change our fees by providing you with at least thirty (30) days’ notice. If you do not agree to the change, you can close your Digital Wallet (see clause 9 paragraph 2) before the change becomes into effect and request redemption of any Available Funds pursuant to clause 7 (Redemption).

7. Redemption

At any time, you may redeem the balance of the Digital Wallet by contacting us in accordance with clause ‎8 (Customer Support and Communications). We will make an electronic wire transfer to a bank account held by you for the amount of the balance on the Digital Wallet. Certain additional conditions and limitations may apply as we may instruct you. If your redemption request is validated, we will execute the wire transfer within 10 days of the validation date.

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. We will not complete your redemption request if we believe you have provided false information, if we are concerned about the security of a transaction, or if your Digital Wallet and related transactions are not in good standing. We reserve the right to reject your redemption request if we reasonably believe there is any risk of fraud, willful misconduct, or gross negligence on your side. We have the right to charge a fee when executing a redemption request.

We will not be liable for redeemed funds being sent to the wrong account which is due to you providing incorrect payment details. You must ensure that the account number, sort code, IBAN and/or BIC/SWIFT are correct.

We may charge, in accordance with the regulatory provisions of article 7:521a of the Dutch Civil Code, the actual bank charges for the transfer and a contribution to our administrative costs.

8. Customer Support and Communications

In case of any questions about or problems with the use of the Digital Wallet or payment, 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 Merchants.

Our customer support team is available from 9:00 to 18:00 CET Monday to Friday. They can be reached through: contact@aplauz.com

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 ‎13 (Complaints, Governing Law and Jurisdiction).

9. Term and Termination

These Terms will apply as long as the relationship between you and us is not terminated. Any terms that are required to survive expiration or termination will survive expiration or termination.

You may cease or terminate your use of the Digital Wallet at any time, by following the steps through the app for account closure. You will be able to request redemption of any remaining balance on the Digital Wallet in accordance with clause ‎7 (Redemption). We may terminate your use of the Digital Wallet at any time, by providing you with 2 months’ prior written notice by e-mail.

“We may at any time suspend or terminate your ability to use the Digital Wallet and our relationship with you without notice 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 Digital Wallet;

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

10. Third Party Provider Access to the Digital Wallet

Licensed third parties may gain access to your Digital Wallet if that third party provides you with account information service (“AISP”) for which the AISP party has a license. When making use of an AISP, you may access your account information of your Digital Wallet via the AISP. An AISP can only provide such services to you if you give that party your permission for such service and permission to access your Digital Wallet. If you have any questions or complaints in relation to such third party provider services, please contact the relevant service provider. Any consent you give to an AISP is an agreement between you and such party and we will have no liability for any loss whatsoever, as a result of any such agreement.

In certain circumstances, we may refuse to cooperate with a request made via an AISP, for instance if we suspect that such party does not have the correct licence or if we have reason to believe that the third party is involved in fraudulent transactions or you have not actually authorised the instruction. We will notify you thereof.

11. Privacy

We are the Data Controller of your personal data, and will manage and protect your personal data in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679.

How we deal with your personal data is further described in our privacy policy (https://aplauz.com/privacy-policy). With the opening and the use of the Digital Wallet you also accept our privacy policy.

12. (Limitation of) Liability

(i) where the unauthorised payment arises from your failure to keep the Digital Wallet and login details safe in accordance with clause ‎‎2 (Security);

(ii) if you fail to notify us without undue delay of any loss of your Digital Wallet or Code or other events that could reasonably be expected to have compromised the security of your Digital Wallet, 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 Digital Wallet with intent or gross negligence, in which case you shall be solely liable for all losses; or

Unless you have acted fraudulently, the foregoing clause shall not apply to transactions made after you have notified us in accordance with clause 2 (Security), or 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 are never responsible or liable for any claims or damages whatsoever arising out of the acts and/or omissions of Merchants where you may have made payments with the Digital Wallet.

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 Merchant. Therefore, we accept no liability or warranty for services or goods paid for by using the Digital Wallet.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY SIMILAR DAMAGE OR LOSS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES INCURRED FOR LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR LOSS OF REPUTATION) ARISING OUT OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE DIGITAL WALLET OR ASSOCIATED SERVICE, OR FROM ANY FAILURE, DELAY, ERROR OR BREAKDOWN IN THE FUNCTION OF THE DIGITAL WALLET OR SERVICE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WE SHALL NOT BE LIABLE FOR ANY LOSSES ARISING FROM OUR COMPLIANCE WITH LEGAL AND REGULATORY REQUIREMENTS.

13. Complaints, Governing Law and Jurisdiction

We have an internal complaint procedure for complaints relating to the use of the Digital Wallets. If you have a complaint about the Digital Wallet or you feel we do not comply with these Terms, please contact us via: contact@aplauz.com. 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 Digital Wallet from, these Terms, your use of the Digital Wallet and your activity in connection with the Digital Wallet, will be governed by and construed in accordance with the laws of the Netherlands, excluding any otherwise applicable rules of conflict of laws which would result in the application of the laws of a jurisdiction other than the Netherlands, except for any other jurisdictions granted under your local statutory rights.

14. General

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 us 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 balance on the Digital Wallet. 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 Digital Wallet at: contact@aplauz.com

Last updated: 31.05.2023 (version 1.0)