Version 04/18/2020
These General Terms and Conditions are subdivided into:

I. WECHEER Terms of Use

II. General Terms and Conditions of the Loyalty and Incentives webapp and app

Within the scope of an intermediary service, Wecheer SA shall provide the Users (any signed up user on the Wecheer web App and App) and Advertisers with this loyalty and promotion Platform.

Furthermore, Wecheer SA shall also provide this loyalty Platform to certain cooperating partners (sub-agent/ distribution partner) for booking the loyalty campaign on the behalf of the Advertiser. The use of this Platform by sub-agents or distribution partner requires a separate contractual agreement and is not permitted without the prior written authorization of Wecheer SA

I. Wecheer Terms of Use

  1. Who operates this website?

This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the “Website”) is provided by Wecheer SA 5 Avenue Victore Ruffy 1012 Lausanne Switzerland. You can contact us by email info@weecheer.io

Joining a loyalty or promotional program through the Platform are subject to the General Terms and Conditions of Wecheer SA as well as the General Terms and Conditions of the Vendor/Advertiser of that program

  1. Application of these Terms of Use

These terms of use (the “Terms of Use”), together with our privacy policy (the “Privacy Policy”), apply to any use of the Website. Visitors of the Website (“User” or “you”) may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy. Any further use of the Website or any part of it means you have read and understood the Terms of Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.

  1. No warranty

While Wecheer SA tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). Wecheer SA may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. Wecheer SA may also block Users from accessing the Website or parts of it, or requires certain conditions to be fulfilled for such access. Wecheer SA does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, Wecheer SA does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.

  1. Limitation of liability

Wecheer SA excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.

  1. Third party content, links to other websites

Wecheer SA does not assume any responsibility for third party content (including any loyalty or incentive program available, and information relating to such programs) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. Wecheer SA does not recommend or endorse such content, and will not have any liability relating to it. Where Wecheer SA links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please contact us at info@wecheer.io

  1. Limited Wecheer App license

Wecheer SA hereby grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, worldwide right to use the Wecheer App according to these Terms of Use and provided that you are and will always be in compliance with these Terms of Use. You may (i) only use the Wecheer App in object code form and for your personal purposes (if you are a consumer) or for your internal business purposes (if you are a business); (ii) only use such number of copies of the Wecheer App and make such number of backup copies of the Wecheer App as may be necessary for its lawful use; (iii) not nor permit any third party to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Wecheer App in whole or in part; (iv) not rent, lease, sub-license, loan, translate, merge, adapt or modify the Wecheer App or any associated documentation; (v) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Wecheer App nor attempt to do any such things.

  1. Intellectual property rights

As between you and Wecheer SA, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.

  1. Amendments to the Terms of Use

Wecheer SA may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. Wecheer SA expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.

II. General Terms and Conditions of the Loyalty and Incentives webapp and app

  1. Introduction

Wecheer SA runs an intermediary Platform for the general public (any person above 18 years old) in the form of an online loyalty or promotion app between the user and his favorite brand, reffered to as the “Advertiser”.

On the Wecheer Platform users have the chance to join the loyalty program of their favorite brand . The loyalty program of the brand will include, information about the brand , the scheme of the program , the method of joining the program and the required action to collect points or earn rewards, and the redemption process of the rewards . The program and its details and including all terms and conditions are provided by the Advertiser and can be accessed at any time on the Wecheer web App and App

  1. Subject matter of part II of these General Terms and Conditions

These General Terms and Conditions apply to any use of the Wecheer Platform, such as via the internet and apps. The contractual relationship between the user and Wecheer SA generally only comprises the proper referral of users to the respective Advertiser program or campaign.

  1. Registration

3.1 The use of Wecheer Platform requires a personal registration
3.2 During registration, the user sends an electronic registration form and consents to the General Terms and Conditions. The registration with Wecheer SA is only concluded once a confirmation is sent to the phone number or e-mail address specified by the user. Natural individuals must be over the age of 18 in order to register. The user has to keep the OTP password generated and take suitable precautions to prevent third parties becoming aware of it.
3.3 The creation of more than one user account for the same natural individual or legal entity is not permitted. The user account cannot be transferred (the phone number of an active account cannot be changed to a different phone number. Rewards cannot be transferred from one account to another).

  1. Services of Wecheer SA

4.1 Once the user joins his/her desired loyalty program from an Advertiser on the Wecheer Platform (e.g. Joining a chocolate brand loyalty program), Wecheer SA shall show the user the information about the Advertisers loyalty program details (“program information“). The information include 2 key sections: The Earn and The Redeem

4.2 The Earn, includes the terms and conditions set by the Advertiser for the users to earn points, stamps or direct rewards from that loyalty program based on one of the 3 following ways available on the Wecheer platform: Receipt scanning , QR code scanning, or Unique Link.

4.3 User must use Valid receipts in order to be eligible to Earn a reward(s)/ stamp(s). User should not share their receipts and QR codes with third parties. Valid receipt means a receipt from the purchase of one (1) or more Participating Products (as defined per the Advertiser loyalty program) during the Entry Period to the program that includes the following information: the date of the purchase (which must be during the Entry Period), the name of the retailer that issued the receipt, the name(s) of the Participating Product(s) purchased, and the total amount of the purchase. Each Valid Receipt may be submitted in connection with a program only once. Multiple scanning of the same receipt or QR code will lead to the blocking of the user account at any time. Wecheer reserves the right to permanently suspend any user account suspected of breaching program terms and conditions.

4.4 The Redeem, to redeem any rewards on the WECHEER app the user must have a complete profile and agree the terms and conditions of the advertiser linked to the reward including the 3rd party reward supplier. WECHEER is not responsible for any issue defect or issue linked to the reward itself. Pleaser refer directly to the reward provider or advertiser. There are 3 categories of reward:

Digital Vouchers with direct coupon codes or links to the reward provider

Physical reward redemption within the WECHEER system, with a map highlighting the outlet or location were the Reward exchange can take place upon showing the user privately generated reward QR code

Game rewards, skilled game that will result in giving the user a score and final reward linked to the score. The reward can be digital or physical

Once any type of Reward is redeemed it cannot be re-claimed

WECHEER reserves the right to whithhold any reward from the user account in case of cheating or mis-user of the WECHEER or Advertiser T&C

  1. Availability and warranty

5.1 There is no claim for availability, quality or service features, or technical support for the Wecheer Platform. Wecheer SA can redesign, reduce or suspend their online portal Wecheer at any time, at its discretion. Existing agreements of the user with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.
5.2 Wecheer SA makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).
5.3 Wecheer SA makes no guarantee or warranty for the services provided by the Suppliers. The contact partner of the user in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier.
5.4 Provided Wecheer SA does not have any obligation to the user, Wecheer SA also provides no guarantee.

  1. Liability of Wecheer SA

6.1 If Wecheer SA has not assumed a corresponding contractual obligation by means of an explicit agreement with the user, it is not liable for the realization of corresponding agreements with Advertisers in line with the Loyalty or Incentive program with the user.
6.2 Without explicit agreement or an assurance of this kind, Wecheer SA is not liable for any issues regarding the Advertisers rewards availability, deliverability or defects

  1. Termination

Users can cancel their registration on Wecheer Portal at any time by sending an email to info@wecheer.io WECHEER SA can cancel a registration unilaterally with one week’s notice. Claims which have arisen before this is done, remain unaffected. The right to extraordinary cancellation remains unaffected.

  1. Data protection

8.1 You are neither obliged to visit this website nor to provide any personal data. If you do not provide us with personal data, you might not be able to use individual functionalities of this website. Otherwise there will be no consequences for you. The collection of users’ personal data on our site is always on a voluntary basis, except in the cases described in the below. We would like to point out that data transmission over the Internet (e.g. communication by email) can have security gaps. A complete protection of data against access by third parties is not possible.

8.2 We collect, process and use your personal data, which you have provided us with when logging in / registering an account for our member area, to the extent necessary in each case for the following purposes:

Joining a Promotion/Loyalty program from a 3rd party Vendor/Organization/Advertise

8.3 By joining a promotion or loyalty program from a 3rd party Advertiser. WECHEER may process and use your personal data for marketing and opinion research purposes to that specific Advertiser

8.4 To send in in app/web notifications, emails , sms with general information or of an advertising nature (newsletter, SMS), on the basis of the declaration of consent you have given us. You can revoke the declarations of consent granted to us in this regard at any time with effect for the future.

8.5 In addition to that, if you are already our customer, we may send emails or SMS of an advertising nature regarding similar products or promotions from the same Advertiser. You can opt- out of receiving these emails at any time by sending us an email at info@wecheer.io

8.6 If you wish to revoke your declaration of consent to receiving emails or SMS from us or wish to opt-out, please send us an email to the following address info@wecheer.io

  1. Changes to these General Terms and Conditions

9.1 Wecheer SA reserves the right to change these General Terms and Conditions at any time and without stating the reasons. Wecheer SA will only make changes affecting the user, which the user must agree to in consideration of mutual interests. This concerns, for example, cases where the equivalence principle has been disturbed, as well as loopholes and changes in legislation.

9.2 These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for each individual contract conclusion shall apply.

Mexico

Ayuntamiento 115, Colonia Centro – Cuauhtémoc 06000 Centro CDMX

Switzerland

Av. Victor-Ruffy 5, 1012 Lausanne – Switzerland

Vietnam

HBT Tower Level 3, 458 Hai Ba Trung, District 1, HCM, Vietnam

Dubai

Office 1909, JBC 5, JLT Cluster W, Dubai, UAE

Brazil

Rua Cândido Mendes 157/12°andar, Glória, Rio de Janeiro