General Terms and Conditions (GTC)

As of 19.07.2024

1. General information

1.1 The cashyou app is an online portal operated by GENEXT AG (hereinafter referred to as "cashyou").

1.2 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 have been accepted upon registration.

1.3 The version of the GTC published on cashyou.ch is decisive in each case. cashyou may amend or amend the GTC at any time at its own discretion. The most current version of the GTC applies.

1.4 These T&Cs exclusively govern the contrsactual relationship between cashyou and the users of the online portal in the above sense. Conflicting or deviating contractual terms and conditions of the customer 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 still reserves the right to make adjustments to the cashyou smartphone app, but does not undertake to provide updates.

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

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 want an automatic personalized evaluation, he can reject this in writing.

2. Definitions

2.1 A "subscriber" is a person who has registered in the cashyou app and has created a profile by providing all of the required information.

2.2 "Partners" are companies that appear on the cashyou app with a benefit.

2.3 A "benefit" means a non-specific benefit that is offered by a cashyou partner 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. cashyou offers the following different types of benefits:

a) Border b) Contests c) Cashback offers

3. Registration and access authorization

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

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

3.3 To create a cashyou account, it is necessary to provide the first and last name, an email address, a telephone number, a password and the date of birth.

3.4 A person can only have one account with cashyou.

3.5 In order for cashback offers to be used, the means of payment must be stored.

3.6 The information provided by the subscriber during the registration and payment process must be truthful. If this is not complied with by a subscriber, cashyou expressly reserves the right to reject a subscriber's registration.

3.7 Subscribers are also obliged to regularly check the data on their account and, if necessary, 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 make random checks regarding the accuracy of the stored data.

3.8 Subscribers are generally welcome as long as they are in an apprenticeship in accordance with No. 3.1. Students can therefore be asked by e-mail to confirm their university or FH e-mail address. Pupils and apprentices may be asked to confirm that they are still in an apprenticeship. This apprenticeship must be available and confirmed at the time of registration.

3.9 Once created, a subscriber profile is personal and may not be shared or shared with any other person (the subscriber profile is personal in this sense and non-transferable). The Subscriber undertakes to keep his password secure at all times, to protect it from misuse by third parties and to keep it secret.

3.10 The improper use 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 accumulation of this information is prohibited.

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

4. Special provisions on 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 or she is a resident of Switzerland and agrees that his or her personal data will be forwarded to UBS Switzerland AG and used for control and UBS marketing purposes, in particular product advertising.

4.2 The UBS payment method should be added as soon as possible so that all the features of cashyou can be used. In particular, you can then benefit from the cashback program.

4.3 The following provisions apply to the campaign in fall 2024:

a) The probability distribution of 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) Only new UBS clients who have been a UBS client since September 2024 are entitled to their Welcome Cashback earned on the prize wheel.

c) To activate the welcome cashback, a valid UBS card with a corresponding expiry date must be added in the app by the end of November.

5. Claiming Benefits and Identifying as a Subscriber

5.1 Subscribers can identify themselves as such via the cashyou app. Logged in subscribers can access benefits via the app and redeem them (subject to availability). Benefits that can be redeemed daily, weekly, monthly, quarterly, per semester or once require you to go through the confirmation process and, if necessary, meet other criteria.

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

5.3 If it is not possible to redeem benefits via smartphone for technical reasons – namely if vouchers cannot be reliably validated – the partner is not obliged to grant the benefit.

5.4 Once redeemed, a benefit cannot be renewed outside of 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 must be clarified under them: cashyou cannot be held liable or responsible for this.

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

5.6 Partners may make the granting of benefits subject to additional conditions that are not exhaustive here:

a) The granting of a benefit can be granted in particular depending on age. This is especially true in connection with admissions to clubs and bars. Incidentally, admission is usually not granted there if a subscriber appears in an intoxicated state, the restaurant is already full or a possible dress code is not observed. Consequently, the existence of a benefit does not automatically entitle you to enter a restaurant.

b) Any provisions of the protection of minors (in particular Art. 11 para. 1 LGV, Art. 41 para. 1 lit. 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 lit. g and h, Art. 42b para. 2 AlkA).

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

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

e) Benefits that concern the performance of a good can only be offered as long as it is in stock.

5.7 Partners are obliged to comply with the benefits agreed with them during the period agreed with them.

6. Participation in competitions

6.1 Subscribers can take part in competitions posted on the cashyou app.

6.2 The winners will be notified by e-mail. In doing so, cashyou may insist that the subscriber provide cashyou with his 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 hosting partner so that they can contact the winners directly. If this is the case, cashyou will inform the winner of this and give him the opportunity to appeal.

6.3 If it is explicitly stated in a competition that data of the participating subscribers may be passed on to the host partner, the subscriber agrees by participating in the competition that his contact details (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 of sending the notification of the winner or if his address data is not sufficiently visible to cashyou, a new winner can be determined without further notification.

6.5 A cash payment or an exchange of prizes is excluded in any case.

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

6.7 Apple Inc. is not affiliated with the contests or sweepstakes.

7. Special provisions for competitions in connection with UBS Switzerland AG

7.1 The raffle will take place one day after the closing date. The entry deadline is listed separately for each competition. Residents of Switzerland between the ages of 12 and 30 can take part in the raffle. UBS Switzerland AG reserves the right to make competitions accessible only to certain age groups.

7.2 Participation is free of charge. The winner will be determined by lottery. The winners will be drawn at random. The winners will be notified directly. The prize will be handed over 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 about the raffle. By participating, participants accept the terms and 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, abuse or manipulation.

7.4 The competition on the cashyou app is conducted by Publicis Communications Schweiz AG, Stadelhoferstrasse 25, 8001 Zurich on behalf of UBS. The personal information 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 Cashback is only available from partners marked accordingly in the cashyou app and the amount of cashback can vary from partner to partner. The amount of the cashback can always be adjusted in consultation between cashyou and the partners and the subscriber is not entitled to past cashback offers.

8.2 The crediting of cashback is subject to the following conditions:

a) At the time of the transaction and its crediting, the subscriber fulfils the characteristics of a subscriber according to sec. 2.1;

b) the subscriber has completed a transaction with a partner who offers cashback valid in the cashyou app at the time of the transaction;

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

8.3 If cashback transactions are reversed (e.g. due to a dispute 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).

8.4 The cashback can be cancelled 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 the collected cashback amount remains unchanged on the account for more than 3 years. The account will then be reset to 0 CHF.

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

8.6 Cashback does not earn interest.

8.7 The cashback amount collected can only be paid out to the subscriber's Swiss bank account from a confirmed amount of CHF 60. The payout can be initiated via the cashyou app. Fees and costs of the recipient bank are at the expense of the subscriber.

8.8 cashyou is exempt from the obligation to pay out if the bank account specified by the subscriber can be assigned to another person or does not exist. The account will then be reset to 0 CHF.

8.9 The account will also be set to 0 CHF if the account is deleted, which is the case, for example, on a user's 31st birthday or if the general requirements for being a subscriber are not or no longer met.

8.10 In the event of bankruptcy or if there is a threat of bankruptcy, cashyou is exempt from the obligation to pay out.

9. Warranty and liability

9.1 Although cashyou makes every effort to publish only correct and up-to-date information, all information on cashyou.ch, the cashyou smartphone app and in the newsletters is without guarantee (exclusion of any warranty rights).

9.2 A benefit not granted by a partner can not 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 is only liable for damage caused by it intentionally or through gross negligence. Liability for damage caused by auxiliary persons is hereby waived to the extent permitted by law.

9.4 cashyou strives 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 is not liable for damages (including lost profits and loss of data) that arise as a result of technical restrictions on use or failures of the platform. In particular, liability for damage resulting from data loss is excluded.

9.5 Technical access (internet connection, etc.) to the application system via the Platform and the corresponding services is the responsibility of the User. The Provider assumes no liability for the network operators and, within the scope of what is legally possible, rejects any liability for the hardware and software required for the use of the App System.

9.6 All links to external providers are checked for accuracy at the time of their inclusion. however, cashyou is not liable for making external content available and possible consequential damages due to the setting of links to third-party websites. It does not matter whether the damage is direct, indirect or financial in nature or whether there is 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.

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. cashyou therefore does not provide a manufacturer's warranty and is also not liable for damages arising 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 for data transmission may arise – 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 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 information of any other kind 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 website cashyou.ch and the cashyou smartphone app is held by cashyou.

12. Severability clause

12.1 Should individual provisions of these GTC prove to be invalid, the remaining provisions shall remain valid. An invalid provision shall be replaced in good faith and in a legally effective manner by a provision that most closely corresponds to the economic purpose of the invalid provision.

12.2 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.

13. Choice of law and jurisdiction

13.1 This contract is governed by Swiss law to the exclusion of international conflict of laws or any international conventions.

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