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Terms of Use

The software provider of the mobile tools and the associated integrated website is the valuephone GmbH. For the contents, such as discounts and offers as well as transaction data, the retailer itself is responsible.

Terms of Use for valuephone GmbH, Waldstrasse 7, 08261 Schoeneck ("valuephone")

valuephone currently offers, and will offer in the future, free services for extending the range of functions of mobile phones, in particular:

  1. Mobile Payment,
  2. My Shopping,
  3. miscellaneous services.

(hereinafter collectively referred to as "Services"). The use of the Services is covered by the conditions governed under Item I of these Terms of Use. In addition, the extra conditions in Items II and III of these Terms of Use shall apply to the Mobile Payment and My Shopping Services.

 

I. General Conditions

1. Registration and Login Data

1.1 In order to use the Services, the subscriber must register ("Initial Registration") on the website www.myvaluephone.com. Depending on the individual Services utilised, the subscriber will be prompted to enter certain data ("Registration Data") during Initial Registration.

1.2 During Initial Registration the subscriber must choose a username and password ("Login Data") to identify him/her to valuephone and all valuephone partners as an authorised user of the Services.

1.3 After entering the Registration Data and agreeing to these Terms of Use and valuephone’s Data Protection Statement, the subscriber shall receive an e-mail at the e-mail address specified by the subscriber. In order to complete the registration, the subscriber must confirm it via the hyperlink contained in the e-mail. The subscriber is not authorised to use the Services under the present Terms of Use until this confirmation has been made ("Licence Relationship").

1.4 After registration is complete the subscriber shall be allocated a personal area ("User Account") to utilise the Services and to manage his/her Registration Data. In order to access the User Account the subscriber must enter the Login Data.

1.5 Persons aged 16 years or over are authorised to use the Services. This does not include Mobile Payment which may only be used by persons aged 18 or over. Subscribers who are under age are only authorised to use the Services after the prior consent of their legal guardian.

2. Registered Telephone Numbers

2.1 The subscriber may register up to three mobile telephone numbers to use the Services ("Registered Telephone Numbers"). The subscriber may add, change or delete Telephone Numbers at any time via the User Account.

2.2 The subscriber undertakes to delete immediately any mobile telephone numbers he/she is not authorised to use via the User Account.

3. Use of valuephone Services

3.1 The Services are provided by valuephone voluntarily and free of charge.

3.2 valuephone guarantees annual mean availability of the Services of 99%. This does not include periods during which the server cannot be accessed for technical or operational reasons that are not within valuephone's sphere of influence, particularly in cases of force majeure or faults of third parties. valuephone may limit the provision of Services if this is necessary for the security of the website, the software or the data transferred while using the Services.

3.3 Neither the Inital Registration nor the subsequent use of Services from valuephone constitutes a claim on the part of the subscriber to use the Services. valuephone is authorised to change or temporarily or permanently suspend individual Services at any time and without prior notification.

4. Technical Requirements of the Services

4.1 Use of the Services requires the transfer and installation of special software for mobile phones ("valuephone Software") onto the subscriber's mobile phone. In order to be able to use the Services, the subscriber must download the valuephone Software from the website www.valuephone.com and install it onto his/her mobile phone in accordance with the instructions on the website www.valuephone.com. There are specific Software versions for various phone models. For some models, suitable Software cannot be offered for technical reasons. If there is no Software available for the subscriber's mobile phone, the subscriber cannot use the Services. However, valuephone aims to offer Software for as many different types of mobile phone as possible. As the range of products on the market for mobile end devices is constantly changing, valuephone cannot offer an up-to-date list of all mobile phones able to use the Services.

4.2 For the use a compatible phone is required. The compatibility of each mobile phone is presented to the subscriber in the availability summary in the Help/FAQ section.

5. Costs

5.1 valuephone shall not charge the subscriber any fee for providing the services.

5.2 Installation of the Software and use of the Services requires regular transfer of data between the subscriber's mobile phone and valuephone. The range and frequency of data transfer depends on the type and extent of the Services used. The subscriber shall carry the airtime costs accrued for the transfer of data. The amount depends on the contract between the subscriber and the mobile phone service provider.

5.3 The costs of setting up an internet connection, as well as its maintenance on the part of the user, are not part of valuephone's Services. Solely the contractual obligation between the subscriber and his/her internet provider is responsible for this.

6. Data Protection and Data Loss

valuephone undertakes no guarantee that data transferred while using the Services will be permanently saved. The subscriber guarantees that all data transferred to valuephone is duly backed up. valuephone undertakes no responsibility for any data loss caused by deleting data on valuephone’s servers, unless valuephone caused such a data loss wilfully or through gross negligence.

7. Duties of the Subscriber

7.1 The subscriber may use the Services exclusively for his/her own purposes and with due regard to these Terms of Use. The subscriber is obliged to refrain from transferring the Services to third parties and from using the Services contrary to these Terms of Use.

7.2 The subscriber undertakes to protect the Login Data from being accessed by third parties. When entering the Login Data it must be ensured that these cannot be read by third parties. If the subscriber becomes aware of any misuse of his/her Login Data or suspects such misuse, he/she undertakes to inform valuephone immediately and to change the password.

7.3 The subscriber must protect the mobile phone and the Software saved on it with special care in order to prevent them from being lost and thus to prevent Services being misused.

7.4 In the event of a not insubstantial breach by the subscriber of these Terms of Use, valuephone may exclude the subscriber partially or completely from using the Services. The subscriber undertakes to compensate valuephone for damages accrued by valuephone due to a breach of these Terms of Use by the subscriber, unless the subscriber is not liable for the breach.

8. Rights of Use of the Software

8.1 The valuephone Software and the content on the website www.valuephone.com are protected by copyright.

8.2 After registering, the subscriber is authorised to use the valuephone Software and the content offered on the website www.valuephone.com in order to utilise the Services in accordance with the Terms for his/her own purposes. valuephone grants the subscriber a simple right of use unrestricted by place to the extent necessary to use the Services. The right of use is limited to the duration of this licence agreement. Any use which goes above and beyond this is not permitted without the prior written consent of valuephone. Copyright notices and trademarks may be neither changed nor removed.

8.3 The valuephone Software may only be transferred and installed on to the subscriber's mobile phone via the website www.valuephone.com. The subscriber is not permitted to pass on the valuephone Software him/herself (e.g. transfer via Bluetooth from one mobile phone to another).

8.4 The subscriber undertakes to install the updates offered by valuephone. The subscriber will be informed accordingly by valuephone while using the Software, as soon as the subscriber has established an internet connection using the Services from valuephone.

9. Warranty and Liability

9.1 For damages caused by a fault in the valuephone Software or Services (material defects) or defect of title, valuephone shall only be liable if valuephone fraudulently conceals the defect. This shall also apply to indirect damages, consequential harm caused by a defect and lost profit.

9.2 In all other cases, valuephone shall only be liable for wilful intent and gross negligence.

9.3 Any claims from the subscriber on the basis of imperative provisions of the law, particularly the Product Liability Act, as well as in the event of an acceptance of a guarantee, shall remain unaffected.

9.4 Any other liability on the part of valuephone, on whatever legal grounds, is excluded.

10. Data Protection

With regard to gathering and processing personal data, the terms of valuephone's Data Protection Statement shall apply.

11. Ending the Licence Agreement

11.1 The subscriber is authorised to end the licence agreement with valuephone at any time without stating reasons by activating the "Delete Login" function in the general settings. All data stored in the user account will be deleted within a period of 10 days automatically and completely.

11.2 valuephone is authorised to end the licence agreement at any time without stating reasons, subject to a term of two weeks. The cancellation may be made in writing, by e-mail or by SMS.

11.3 In the event that the licence agreement is ended, after the deadline the subscriber's Login Data shall be permanently deactivated and his/her data shall be deleted.

12. Changes to these Terms of Use

12.1 valuephone is authorised to change these Terms of Use at any time with effect for the future. valuephone shall inform the subscriber of any such change at least six weeks in advance. If the subscriber does not agree with the change to the Terms of Use, he/she is authorised to object to it in writing or by e-mail within six weeks after the corresponding notification, or to end the Licence Relationship by activating the function "Delete Login" in the general settings.

12.2 If the customer does not exercise the rights specified in Item 12.1 of these Terms of Use, the changed Terms of Use shall be deemed to have been approved. To this result, valuephone will inform the participants during the information of the change.

13. Final Clauses

13.1 These Terms of Use are subject to German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods dated 11 April 1980 (Vienna CISG Convention).

13.2 The place of performance shall be valuephone's business location. If the customer is a business customer or body corporate organised under public law, or has no general residential or business location in the Federal Republic of Germany, the competent court for all legal disputes in connection with this contract shall be Schoeneck.

13.3 The subscriber can access the applicable Terms of Use at any time via the link "Terms of Use" on the website www.valuephone.com.

 

II. Special Terms for Using Mobile Payment

14.1 Activating Mobile Payment

14.1 In order to use Mobile Payment, this Service must be activated via the website www.valuephone.com for each of the subscriber's telephone numbers ("Activated Telephone Numbers"). They can be activated during Initial Registration or at a later date.

14.2 Mobile Payment may only be used by subscribers who are at least 18 years of age and who resides in the European Union and has a bank account with a European bank.

14.3 Before activating Mobile Payment the subscriber will be prompted to enter personal and bank account information ("Registration Information for Mobile Payment") as well as set a Personal Identification Number ("PIN") for the authorisation of individual payments. The PIN can be changed at any time in the general settings globally for all in the user account registered mobile phones. The subscriber undertakes to enter the Registration Information for Mobile Payment correctly and in full. valuephone will exclude subscribers that give incorrect information from using the Services.

14.4 valuephone may refuse to activate Mobile Payment for a subscriber at any time, without stating reasons.

14.5 valuephone shall inform the subscriber by e-mail of successful activation of Mobile Payment. On activation the subscriber shall receive a Personal Account Number ("PAN"). The PAN identifies the subscriber when using the Mobile Payment Service and is saved on the subscriber’s mobile phone.

14.6 The subscriber is not permitted to change the PAN saved on the mobile phone or transfer it to another mobile phone. If the subscriber wishes to use Mobile Payment via further telephone numbers, they must be registered separately in accordance with the aforementioned Item 2 via the website www.valuephone.com.

14.7 The use of Mobile Payment is only possible for retailers participating in the Mobile Payment Programme from valuephone (referred to as "Participating Retailers" in this Item II).

15. Payment via Mobile Payment

15.1 Payments via Mobile Payment are made by presenting and scanning one or more User Idents or via the NFC Interface of the mobile phone at the cash desk of the participating Retailer. The subscriber must confirm this amount by entering the PIN into the mobile phone ("Release for Payment"). The Release for Payment is made by anew placing the NFC Interface of the mobile phone on to the NFC reader resp. by scanning the User Ident by means of the scanner at the cash desk of the Retailer. With the Release for Payment the subscriber authorises the Retailer to debit the amount owed from the customer's bank account specified in the Registration Information for Mobile Payment ("Direct Debit Authorisation"). Payment is handled by the Online Debit Procedure ("ODP") via a clearing house (f.e. the easycash GmbH in 40885 Ratingen). The release of payment amounts in excess above a limit set out by law shall only be accepted if the subscriber has already issued valuephone or the retailer with a general written Direct Debit Authorisation.

15.2 The subscriber's opportunities to object to a payment made by direct debit at the expense of his/her account depend on the agreements made between the subscriber and the account-holding bank.

15.3 In the event that a direct debit payment is not honoured due to a lack of funds or due to the subscriber objecting to a direct debit payment, the clearing house shall record these facts in a lock file and send it to other companies affiliated with the OLV Procedure of the relevant clearing house. In this case, continued use of Mobile Payment is prevented until the amount invoiced is settled or until the legitimacy of the subscriber’s objection is proven. The same shall apply if and as far as the sales limit agreed between a Retailer participating in an OPD Procedure and the relevant clearing house is reached.

16. PIN Privacy and Blocking Mobile Payment

16.1 The subscriber undertakes to ensure that no other person obtains knowledge of the PIN. In particular, the PIN should not be noted on the mobile phone or kept together with the mobile phone in any other way. The subscriber undertakes to refrain from passing the PIN on to third parties in any way or making it accessible to third parties in any way. When entering the PIN the subscriber must ensure that it cannot be seen by third parties.

16.2 In addition to the general duties to take due care in accordance with Item 7 of these Terms of Use, the subscriber undertakes to store the mobile phone used for Mobile Payment with special care and to protect it from loss, theft and other misplacement. The subscriber is forbidden to pass on the mobile phone to third parties in any form.

16.3 If the subscriber ascertains that a mobile phone used for Mobile Payment has been lost, he/she must inform valuephone immediately at www.valuephone.com, specifying the mobile number and the User Account. valuephone will then block Mobile Payment for the subscriber ("Notice of Loss"). Due to the transfer and processing time required, the block will not take effect until one hour after the Notice of Loss has been received. If the SIM card is blocked by the subscriber’s mobile phone provider, this will not block Mobile Payment; payments via Mobile Payment will therefore still be possible even after successfully blocking the SIM card.

16.4 Item 16.3 of these Terms of Use shall also apply if it is suspected that third parties have obtained knowledge of the PIN or if Mobile Payment is being misused in any other way.

16.5 Notwithstanding the terms in accordance with Item 7.5 of these Terms of Use, valuephone can block some or all of the subscriber’s Activated Telephone Numbers from using Mobile Payment if there is evidence that Mobile Payment has been misused. valuephone shall inform the subscriber about any such measure as far as possible in advance. The subscriber shall not be informed in such a way if it is necessary to block Mobile Payment immediately in order to avert the threat of damages due to misuse.

 

III. Special Terms for Using Mobile Coupons, Available via the Link "My Shopping" at www.valuephone.com

17. Activating Mobile Coupons

17.1 In order to use Mobile Coupons, these Services must be activated via the website www.valuephone.com for the subscriber’s User Account. They can be activated during Initial Registration or at a later date. Telephone numbers that are activated for the use of Mobile Payment can also be activated for the use of Mobile Coupons without the user having to register them separately.

17.2 Mobile Coupons can only be used for bonus and coupon systems within a relevant co-operation agreement with valuephone ("Participating Coupon Systems"). An up-to-date list of Participating Coupon Systems is available on the website www.valuephone.com.

17.3 The subscriber can choose via the User Account for which Participating Coupon Systems he/she would like to use Mobile Coupons (hereinafter "Activated Coupon Systems"). The use of Participating Coupon Systems, in particular the type and extent of granting bonus points (hereinafter "Points"), and of redeeming premiums, rebates and refunds etc (hereinafter reffered to as "Coupons"), is based exclusively on the Conditions of Participation of the relevant system operator.

17.4 Use of Mobile Coupons is only possible at Retailers participating in the Mobile Coupons programme from valuephone (referred to as "Participating Retailers" in this Item III).

18. Collecting and Managing Points, Redeeming Coupons

18.1 The subscriber can review and manage Points credited while using Activated Coupon Systems via the User Account.

18.2 The subscriber can collect points using the registered mobile phone at Participating Retailers. This is achieved by presenting and scanning a User Ident or via the NFC Interface of the subscriber's mobile phone at the cash desk of the retailer. The points collected will automatically be saved in the relevant Points Account in the subscriber' User Account.

18.3 The subscriber can transfer Coupons to his/her mobile phone and redeem them at participating Retailers. They are redeemed via the mobile phone's NFC Interface or by presenting and scanning a User Ident on the mobile phone at the Retailer’s cash desk.

19. Deleting and Blocking Coupons, End of Participation in the Coupon System

19.1 In the event that the Coupons are deleted, blocked or if they are no longer valid, or if Points and/or Coupons are otherwise handled by the operator of an Activated Coupon System, the Coupons that the subscriber has transferred to the mobile phone in accordance with Item 18.3 of these Terms of Use may no longer be redeemable. The same shall apply in the event that the subscriber withdraws from an Activated Coupon System. valuephone accepts no responsibility for the redeemability of Coupons, unless valuephone has provided the subscriber with a guarantee expressly in writing regarding redeemability of Coupons or is liable for non-redeemability due to wilful misconduct or gross negligence.

19.2 The subscriber undertakes to redeem all Coupons in good time before ending the Licence Relationship or the use of Mobile Coupons. After ending the Licence Relationship or the use of Mobile Coupons, the Coupons saved on the mobile phone can no longer be used.

Valid as of: May 2018