General Terms and Conditions (GTC)

1. general information

The cashyou App is an online portal operated by genext AG (hereinafter "cashyou").

2. The use of the cashyou App and the benefits listed on it is based on these General Terms and Conditions (GTC), which are deemed to be accepted upon registration.

The version of the GTC published on cashyou.ch shall be authoritative. cashyou can supplement or change the GTC at any time at its own discretion. The most current version of the GTC shall apply.

These GTC exclusively regulate the contractual relationship between cashyou and the users of the online portal in the aforementioned sense. Contractual conditions of the customer that contradict or deviate from these GTC shall not be recognised unless cashyou has expressly agreed to them in writing in individual cases.

5. cashyou reserves the right to change or fully discontinue the services offered at any time. The information contained on the cashyou App may also be partially or completely changed or deleted at any time and without prior notice.

6. cashyou further reserves the right to make adjustments to the cashyou Smartphone App, but does not undertake to provide updates.

2. explanations of terms

1. A "subscriber" is a person who registers in the cashyou App, conclusively creates a profile by providing all required information and pays the subscriber fee of CHF 39 per year or has a UBS me banking package for young people and students from UBS Switzerland AG and has verified themselves as a UBS client with a photo of their valid UBS debit card.

2. Companies that appear on the cashyou app with a benefit are considered "partners".

A "benefit" means a non-specific advantage that is offered by a partner of cashyou in some form on the online portal. This can be a generally valid training discount or a benefit that is only offered to cashyou subscribers.

3. registration and access authorisation

Subscribers to cashyou are students, high school students, vocational high school students, secondary or high school students of a Swiss university, university of applied sciences, college or educational institution with a valid student ID, and apprentices in a regular apprenticeship relationship from the 12th to the 30th year of age.

Subscribers who have not yet reached the age of 18 cannot benefit from all advantages due to the protection of minors.

3. In order to create a cashyou account, it is necessary to provide the first and last name, an e-mail address, a telephone number, a password and the date of birth.

The information provided by the member during the registration and payment process must be truthful. Should this not be adhered to by a member, cashyou expressly reserves the right to reject the registration of a member.

5. Members are also obliged to regularly check the data on their account and to update or supplement it if necessary. Upon request by cashyou, the accuracy of the data provided by the members must be proven. cashyou reserves the right to make random checks regarding the accuracy of the deposited data.

6. Subscribers are generally welcome as long as they are in an educational relationship in accordance with the aforementioned chapter 3 section 1. Students may therefore be requested by e-mail to confirm their university or college e-mail address. Pupils and apprentices may be asked to confirm that they are still in an educational relationship. This training relationship must be present and confirmed at the time of registration.

7. A subscriber profile, once created, is personal and may not be shared or passed on to other persons (in this sense, the subscriber profile is personal and non-transferable). The Subscriber undertakes to keep his password safe at all times, to protect it from misuse by third parties and to keep it secret.

8. The misuse of information accessible on cashyou.ch or the cashyou App (in particular email addresses and telephone numbers) is expressly prohibited. In particular, the use for the purpose of disseminating unsolicited advertising as well as the copying or systematic collection of this information is prohibited.

A violation of these general terms and conditions may result in the withdrawal of access authorisation or the deletion of the account. cashyou reserves the right (in particular in the event of fraud or attempted fraud) to initiate civil and criminal proceedings and/or to support its partners in such efforts.

4. use of benefits and identification as a user

1. Subscribers can identify themselves as such via the cashyou App. Logged in subscribers can access and redeem Benefits (subject to availability) via the App. Benefits that are redeemable daily, weekly, monthly, per quarter, per semester or one-time require going through the confirmation process and possibly meeting other criteria.

2. Benefits must be redeemed via the app by or in front of a responsible employee of the respective partner. If no employee can track the redemption of a benefit via the smartphone, the partner is not obliged to grant the benefit.

If the redemption of benefits via the smartphone is not possible without problems for technical reasons - namely if vouchers cannot be reliably validated - the Partner is not obliged to grant the benefit.

Once a Benefit has been redeemed, it cannot be renewed outside the specified availability cycles. cashyou will not reactivate the benefits by name if they have been redeemed by mistake and the benefit has not been granted by a partner. Any resulting mutual legal claims between subscribers and partners are to be clarified between them: cashyou cannot be held liable or responsible for this.

Benefits (in particular vouchers) can be deleted, changed, supplemented or otherwise adjusted at any time and without prior notice.

Partners can make the granting of benefits dependent on additional conditions that are not listed exhaustively here.

6.1 In particular, the granting of a benefit may be made dependent on age. This applies in particular in connection with admissions to clubs and bars. As a rule, admission will not be granted if a subscriber appears in an intoxicated state, the premises are already full or any dress code is not observed. Consequently, the existence of a benefit does not automatically entitle the subscriber to admission to a club or bar.

6.2 Any provisions on the protection of minors (in particular Art. 11 para. 1 LGV, Art. 41 para. 1 let. i AlkG) always take precedence. If a benefit includes a discount on a beverage of choice, spirits and beverages containing spirits are always excluded (Art. 41 para. 1 let. g and h, Art. 42b para. 2 AlkG).

6.3 Partners may insist at any time that benefits may only be claimed on presentation of a regular student, pupil or apprentice card despite presentation of the cashyou App.

6.4 General student, pupil or apprentice discounts are generally only granted upon presentation of a valid student, pupil or apprentice ID.

6.5 Benefits relating to the performance of goods can only be offered as long as they are in stock.

5 Participation in competitions

Subscribers can participate in competitions posted on the cashyou App.

The winners shall be notified by e-mail. In doing so, cashyou may insist that the subscriber provides cashyou with his/her address and, if applicable, further data (e.g. date of birth) in order to enable the delivery of the prize and/or further relevant information. This data can be sent to the delivering partner so that the partner can contact the winners directly. Should this be the case, cashyou shall inform the winner of this and grant him/her the opportunity to object.

If it is explicitly stated in a competition that data of the participating subscribers can be forwarded to the organising partner, the subscriber agrees by participating in the competition that his/her contact data (in particular e-mail address) can be forwarded to the corresponding partner (see also 8.5 data protection).

If cashyou does not receive any feedback from the subscriber within 7 days after sending the prize notification or if the subscriber's address data is not sufficiently visible to cashyou, a new winner can be determined without further notification.

5. cash payment or exchange of prizes is excluded in any case.

6. special terms and conditions regarding the cooperation with UBS Switzerland AG

1. By registering with cashyou for a free cashyou subscription with the UBS me banking package for young people and students, a subscriber confirms that he/she is a resident of Switzerland and agrees to his/her personal data being forwarded to UBS Switzerland AG and used for control as well as UBS marketing purposes, in particular product advertising.

2. Within 30 days a verification of the subscription by means of UBS debit card has to be made, otherwise the subscription automatically becomes payable for CHF 39.-/year.

7. special provisions for competitions in cooperation with UBS Switzerland AG

1. The prize draw will take place one day after the closing date for entries. The closing date is listed separately for each competition. The prize draw is open to residents of Switzerland aged between 12 and 30. UBS Switzerland AG reserves the right to make competitions accessible only to certain age groups.

2. Participation is free of charge. Winners will be drawn by lot. Winners will be drawn at random. Winners will be notified directly. The prize will be awarded in the form of a voucher. UBS is not liable for any risks incurred by the winners in connection with the competition.

3. Legal recourse is excluded. No correspondence will be entered into regarding the prize draw. By entering, participants accept the conditions of participation and agree that the personal data provided may be used for UBS's own marketing purposes, in particular for product advertising. UBS reserves the right to exclude participants from the competition without giving reasons, in particular if there is the slightest suspicion of offensive content, misuse or manipulation.

The competition on the cashyou App is run by Publicis Communications Schweiz AG, Stadelhoferstrasse 25, 8001 Zurich on behalf of UBS. Personal details will be stored, transmitted and processed by them on behalf of UBS for the purpose of running the competition. If you have any questions regarding data processing, please contact us at [email protected]

8. warranty and liability

Although cashyou endeavours to publish only correct and up-to-date information, all information on cashyou.ch, the cashyou Smartphone App and in the newsletters is provided without warranty (exclusion of any warranty rights).

2. A benefit not granted by a partner cannot be claimed from cashyou under any circumstances. Any legal claims are to be addressed directly to the partner with whom an independent legal relationship is entered into.

3. cashyou shall only be liable for damage caused by it intentionally or through gross negligence. Liability for damages caused by auxiliary persons is hereby excluded to the extent permitted by law.

cashyou shall endeavour to offer its subscribers access to cashyou.ch and the associated smartphone app without technical disruptions. However, maintenance and further development work on the website as well as disruptions of a different nature may temporarily interrupt the use of cashyou.ch or the cashyou App. cashyou shall not be liable for damages (including lost profits and data loss) that arise as a result of technical limitations of use or failures of the platform. In particular, liability for damages resulting from a loss of data is excluded.

5. Technical access (internet connection, etc.) to the app system via the platform and the corresponding services is the responsibility of the user. The Provider assumes no liability for network operators and disclaims, to the extent legally possible, any liability for the hardware and software required to use the App System.

6. All links to external providers are checked for accuracy at the time of their inclusion. However, cashyou is not liable for making external content accessible and possible consequential damages due to setting links to the websites of third parties. It is irrelevant whether the damage is of a direct, indirect or financial nature or any other damage that may result from loss of data, loss of use or other reasons. cashyou hereby expressly distances itself from the content of all linked websites.

7. The subscriber acknowledges that all goods and services listed on the cashyou App are produced or offered by partners and not by cashyou itself. cashyou therefore does not grant a manufacturer's warranty and is not liable for any damages arising in connection with the use of a product or service offered by a partner. Any claims are to be addressed directly to the partner in question.

9. mobile use

1. When using cashyou.ch via smartphone, additional costs for data transfer may be incurred - depending on the mobile phone contract.

2. The availability of the content in the mobile network depends on the network coverage on the respective mobile device or the access to the Internet.

10. copyright

1. cashyou as well as the respective partners retain all copyrights and other rights to content, images and information of other kinds published on cashyou.ch or the cashyou App. This information may only be reproduced, distributed or used in any other copyright-relevant form with the written consent of cashyou or the partner in question.

The copyright for the design of the cashyou.ch website and the cashyou smartphone app is held by cashyou.

11. severability clause

1. Should individual provisions of these GTC prove to be invalid, the remaining provisions shall retain their validity. An invalid provision shall be replaced in good faith and in a legally effective manner by a provision that comes closest to the economic purpose of the invalid provision.

2. Only the German version of these general terms and conditions is legally binding. The English, French or Italian translation has no legal effect and cannot be used to interpret the German text.

12. choice of law and place of jurisdiction

1. This contract shall be governed by Swiss law to the exclusion of international conflict of laws provisions or any international conventions.

2. The place of jurisdiction shall be at the registered office of genext AG.

Status: March 2020