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General Terms and Conditions (AGB)

General Terms and Conditions (GTC)

Status 13.08.2025

1. general information

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

1.2 The use of the cashyou App and the benefits listed thereon shall be based on these General Terms and Conditions (GTC), which shall be deemed accepted upon registration.

1.3 The version of the GTC published in the App is authoritative in each case. cashyou may amend or change the GTC at any time at its own discretion. The most current version of the GTC shall apply in each case.

1.4 These GTC shall exclusively govern the contractual relationship between cashyou and the Users of the Online Portal as defined above. Conflicting contractual conditions or contractual conditions of the Customer that deviate from these GTC shall not be recognized unless cashyou has expressly agreed to them in writing in the individual case.

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

1.6 cashyou further reserves the right to make adjustments to the cashyou smartphone app, but is not obligated to provide updates.

1.7 With regard to the data processing carried out by GENEXT AG, reference is made to the data protection declaration.

1.8 GENEXT AG uses personal data to maintain customer relationships and for marketing purposes. Customers have the option of prohibiting automatic evaluations. If the user does not wish to receive automatic personalized evaluations, he/she can refuse this in writing.

2 Explanation of terms

2.1 A "Subscriber" is a person who has registered in the cashyou App and has created a profile by providing all the necessary information.

2.2 A "Partner" is a company that appears on the cashyou App with a Benefit.

2.3 A "Benefit" means a non-specific advantage that is offered by a cashyou Partner in any form on the online portal. This can be a generally valid training discount or a benefit that is only offered to cashyou subscribers. cashyou offers the following different types of benefits:

a) Discounts b) Competitions c) In-store cashback d) Online cashback

3. registration and access authorization

3.1 Subscribers to cashyou are students, high school students, vocational baccalaureate students, secondary or intermediate school students at 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 age of 12 up to and including the age of 30.

3.2 Subscribers who have not yet reached the age of 18 cannot enjoy all the benefits due to the protection of minors.

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

3.4 A person can only have one account with cashyou.

3.5 At least one means of payment must be deposited so that cashback offers can be used.

3.6 The information provided by the Subscriber during the registration and payment process must be truthful. Should a Subscriber fail to do so, cashyou expressly reserves the right to reject the registration of a Subscriber.

3.7 Subscribers are also obligated to regularly check the data in their account and, if necessary, to update or supplement it. At the request of cashyou, the accuracy of the data provided by the Members must be proven. cashyou reserves the right to carry out spot checks regarding the accuracy of the stored data.

3.8 Subscribers are generally welcome as long as they are in an educational relationship in accordance with Clause 3.1. Students may therefore be asked by e-mail to confirm their university or university of applied sciences e-mail address. Pupils and apprentices may be asked to confirm that they are still in an educational relationship. This educational relationship must be present and confirmed at the time of registration.

3.9 Once a subscriber profile has been created, it 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.

3.10 The misuse of the information accessible on cashyou.ch or the cashyou App (in particular e-mail 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.

3.11 A violation of these GTC may result in the withdrawal of access authorization or the deletion of the account. cashyou reserves the right (especially in the case of fraud or attempted fraud) to initiate civil and criminal proceedings and/or to support its partners in such efforts.

4 Special provisions on the cooperation with UBS Switzerland AG

4.1 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 is resident in Switzerland and agrees that his personal data may be forwarded to UBS Switzerland AG and used for control and UBS marketing purposes, in particular product advertising.

4.2 The UBS means of payment should be deposited in the App as quickly as possible so that all features of cashyou can be used. In particular, you can benefit from in-store cashback.

4.3 The following provisions apply with regard to in-app campaigns in cooperation with UBS:

a) The probability distribution on the prize wheel does not correspond to the frequency of the multipliers on the prize wheel. It is not the case that all multipliers are drawn with the same probability.

b) Campaigns can be activated, adjusted and deactivated at any time.

c) Only new UBS customers who meet the above conditions are entitled to the Welcome Cashback earned on the prize wheel.

d) In order to activate the Welcome Cashback, a valid UBS card with a corresponding expiry date must be deposited in the app within three months.

e) A subscriber can only participate once per campaign. This also applies if he deletes his account and creates a new one.

4.4 The following provisions apply to the Web Wheel campaign in cooperation with UBS:

a) The probability distribution for the prize wheel does not correspond to the frequency of the fields on the prize wheel. It is not the case that all fields are drawn with the same probability.

b) Campaigns can be activated, adjusted and deactivated at any time.

c) Depending on whether participants are already UBS customers or not, the probability distribution is different.

d) New UBS customers must deposit a valid UBS card with a corresponding expiry date in the app by the specified date in order to activate the cashback.

e) Any instant prizes can be collected from the specified locations by the specified date.

f) Only new UBS customers who meet the above conditions are entitled to the Welcome Cashback they have won on the prize wheel.

g) Subscribers who have already spun the wheel in the app cannot participate.

h) A subscriber can only participate once per campaign. This also applies if they use a different e-mail address.

i) No liability for technical faults.

5 Claiming benefits and identification as a subscriber

5.1 Subscribers can identify themselves as such via the cashyou App. Logged-in Subscribers can access and (depending on availability) redeem Benefits via the app. Benefits that can be redeemed on a daily, weekly, monthly, quarterly, semester or one-time basis require the completion of the confirmation process and, if applicable, the fulfillment of other criteria.

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

5.3 If the redemption of Benefits via the smartphone is not possible for technical reasons - in particular, if vouchers cannot be reliably validated - the Partner is not obliged to grant the Benefit.

5.4 Once a Benefit has been redeemed, it cannot be renewed outside of the specified availability cycles. In particular, cashyou shall not reactivate the Benefits if they have been redeemed inadvertently and the Benefit has not been granted by a Partner. Any resulting mutual legal claims between Subscribers and Partners must be clarified between them: cashyou cannot be held liable or responsible for this.

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

5.6 Partners can make the granting of Benefits dependent on additional conditions, which are not listed exhaustively here:

(a) The granting of a Benefit may in particular be granted on the basis of age. This applies in particular in connection with admission to clubs and bars. As a rule, no admission will be granted if a subscriber appears in an inebriated state, if the establishment is already full or if any dress code is not observed. Consequently, the existence of a benefit does not automatically entitle the holder to enter a venue.

b) Any provisions for 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 drink of choice, spirits and drinks containing spirits are always excluded (Art. 41 para. 1 let. g and h, Art. 42b para. 2 AlkG).

c) Partners can insist at any time that benefits may only be claimed against the additional presentation of a regular student, pupil or apprentice ID, despite presentation of the cashyou App.

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

e) Benefits relating to the performance of a product can only be offered as long as it is in stock.

5.7 Partners are obliged to adhere to the benefits agreed with them for the period agreed with them.

5.8 By claiming benefits and identifying themselves as subscribers, subscribers agree that their information may be shared with the specific partner.

6 Participation in competitions

6.1 Subscribers can participate in competitions posted on the cashyou App.

6.2 The winners will be notified by e-mail. In doing so, cashyou can insist that the Subscriber provides cashyou with his/her address and, if applicable, other data (e.g. date of birth) in order to enable the delivery of the prize and/or other relevant information. This data can be sent to the issuing partner so that they can contact the winners directly. If this is the case, cashyou will inform the winner of this and give them the opportunity to object.

6.3 Insofar as it is explicitly noted in a competition that data of the participating subscribers can be forwarded to the partner organizing the competition, the subscriber agrees by participating in the competition that his/her contact data (in particular e-mail address) will be forwarded to the corresponding partner.

6.4 If cashyou does not receive any feedback from the Subscriber within 24 hours after sending the prize notification or if his/her address data is not sufficiently visible to cashyou, a new winner can be determined without further notification.

6.5 A cash payment or exchange of prizes is excluded in all cases.

6.6 Partners are obliged to provide the prizes agreed with them by the agreed deadline.

6.7 Apple Inc. has no connection with the competitions or prize draws.

7 Special provisions for competitions in connection with UBS Switzerland AG

7.1 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 Swiss residents between the ages of 12 and 30. UBS Switzerland AG reserves the right to make competitions accessible only to certain age groups.

7.2 Participation is free of charge. The winners will be determined by drawing lots. The winners will be drawn at random. The winners will be notified directly. The prize will be presented in the form of a voucher. UBS is not liable for any risks incurred by the winners in connection with the competition.

7.3 Legal recourse is excluded. No correspondence will be entered into regarding the prize draw. By participating, 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 in the event of the slightest suspicion of offensive content, misuse or manipulation.

7.4 The competition on the cashyou App shall be carried out by Publicis Communications Schweiz AG, Stadelhoferstrasse 25, 8001 Zurich on behalf of UBS. The personal data will be stored, transmitted and processed by UBS on behalf of UBS for the purpose of conducting the competition. If you have any questions about data processing, please contact us at info@cashyou.ch.

8. cashback

8.1 There is in-store cashback and online cashback in the cashyou app.

8.2 In-store cashback is only available from the Partners marked accordingly in the cashyou App and the amount of the in-store cashback may vary from Partner to Partner. The amount of the in-store cashback can be adjusted at any time in consultation between cashyou and the Partners and the Subscriber has no claim to past in-store cashback offers.

8.3 The crediting of In-store Cashback is subject to the following conditions:

(a) the Subscriber fulfills the characteristics of a Subscriber pursuant to Clause 2.1 at the time of the transaction and its crediting.

b) the Subscriber has completed a transaction with a Partner who offers valid in-store cashback in the cashyou App at the time of the transaction.

c) the Subscriber has stored the UBS payment method used for the transaction in his/her user account and therefore agrees that the data required for the provision of the aforementioned service will be forwarded to us via the Worldline One Link Service ("WOL") after the transaction made with a Partner has been recognized.

8.4 Online cashback is only available from the Partners marked accordingly in the cashyou App and the amount of the online cashback may vary from Partner to Partner. The amount of the Online Cashback can be adjusted by the Partner at any time and the Subscriber has no claim to past Online Cashback offers.

8.5 Online Cashback is made possible through cooperation with networks that provide tracking. This cannot be influenced by us. The cooperation works via affiliate marketing, whereby the conditions of affiliate marketing are based on the contractual agreements between GENEXT AG and the affiliate network, a service provider of the partner companies.

8.6 The crediting of online cashback is subject to the following conditions:

(a) the Subscriber fulfills the characteristics of a Subscriber in accordance with section 2.1 at the time of the transaction and its crediting.

b) the Subscriber has completed a transaction with a Partner who offers valid Online Cashback in the cashyou App at the time of the transaction.

c) the Subscriber has accessed the Partner website via the cashyou App.

d) the Subscriber has accepted all cookies on the partner website.

e) the Subscriber has not used any other discount codes that cannot be combined with online cashback.

f) the subscriber has not used any add blockers or similar technologies.

g) the tracking process was not disturbed by accessing other websites in the meantime or due to settings on the subscriber's end device.

8.7 The following conditions apply to subsequent bookings of online cashback:

a) The duration of the processing time depends on the partner.

b) The partner decides whether the subsequent booking is accepted or rejected.

8.8 If cashback transactions are reversed (e.g. due to a complaint or reversal of the transaction), the corresponding cashback will be deducted. cashyou can also deduct credited cashback in other, justified cases (e.g. in the case of card misuse or incorrect charges).

8.9 The cashback can be canceled by cashyou (i.e. the cashback expires) if the Subscriber violates the General Terms and Conditions, the requirements for receiving the cashback are not or no longer met, the Subscriber has requested the deletion of his user account or has not used the cashyou App for more than 12 months. The account will then be reset to CHF 0.

8.10 The following provisions shall apply with regard to Spinning Wheel campaigns from cashyou:

a) The probability distribution on the prize wheel does not correspond to the frequency of the multipliers on the prize wheel. It is not the case that all multipliers are drawn with the same probability.

b) Campaigns can be activated and deactivated at any time.

c) Only new UBS customers who fulfill the above conditions are entitled to the Welcome Cashback earned on the prize wheel.

d) In order to activate the Welcome Cashback, a valid UBS card must be deposited in the app within three months.

e) A subscriber can only participate once per campaign. This also applies if he deletes his account and creates a new one.

8.11 The subscriber can view the current balance of the cashback in his user account, if necessary with a certain time delay.

8.12 Cashback does not bear interest.

8.13 The collected cashback amount can only be paid out from a confirmed amount of CHF 60 and only to a valid Swiss UBS bank account of the Subscriber. The payout can be initiated via the cashyou App. Fees and costs of the recipient bank shall be borne by the Subscriber.

8.14 cashyou is exempt from the payment obligation if the bank account specified by the Subscriber is assigned to another person or does not exist. The account will then be reset to CHF 0.

8.15 The account will also be set to 0 CHF if the account is deleted, which is the case, for example, on the 31st birthday of a User or if the requirements for being a Subscriber are not or no longer fulfilled.

8.16 In the event of bankruptcy or if such is imminent, cashyou shall be released from the payment obligation.

9. warranty and liability

9.1 Although cashyou endeavors 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).

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

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

9.4 cashyou endeavors 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 loss of data) that arise as a result of technical usage restrictions or platform outages. In particular, liability for damages resulting from a loss of data is excluded.

9.5 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 the network operators and rejects any liability for the hardware and software required to use the app system to the extent permitted by law.

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

9.7 The Subscriber acknowledges that all goods and services listed on the cashyou App are produced or offered by partners and not by cashyou itself. Therefore, cashyou shall not grant any manufacturer's warranty and shall also not be liable for damages that arise in connection with the use of a product or service offered by a Partner. Any claims must be addressed directly to the partner in question.

10 Mobile use

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

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

11. copyright

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

11.2 The copyright for the design of the cashyou.ch website and the cashyou smartphone app lies with cashyou.

12. severability clause

12.1 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.

12.2 Only the German version of these General Terms and Conditions shall be legally binding. The English, French or Italian translation has no legal effect and cannot be used to interpret the German text.

13 Choice of law and place of jurisdiction

13.1 This contract shall be governed by Swiss law to the exclusion of international conflict of laws rules and any international conventions.

13.2 The place of jurisdiction is the registered office of GENEXT AG.