Complete terms and conditions of N-Centive

As of 25.09.2020 Print DE

1. The Conditions

1.1 N-Centive ("We" or "N-Centive") gives customers ("you" or "users") of merchants ("merchants") the opportunity to participate in loyalty programs of registered merchants and by pre-defined actions earn rewards with these same merchants.

1.2 These Terms and Conditions apply to all individuals who access the Program or use the Program as a Participant. The term "user" or "you" refers to either one or both, depending on the context.

1.3 By participating in the Program, users agree to use the Program as further described and are therefore bound by these Terms and Conditions. If you do not fully agree to these terms and conditions, then you are not permitted to register as a participant (as defined below) or participate in the program in any other way. Users may not participate in the Program if prohibited by any applicable law or regulation.

1.4 We reserve the right to change or adapt these terms and conditions at any time. All changes or new terms and conditions are available on our website, the terms and conditions apply, which are valid at the time of your contract with us or the use of the program. If you do not wish to agree to such changes to the Terms and Conditions, you may terminate this Agreement, but any further use of the Website or the Program is deemed acceptance of the new terms and conditions.

1.5 If these Terms and Conditions are presented in a language other than the German language, please note that only the original German version is legally binding.

2. The program

2.1 To participate, the user can visit https://app.n-centive.com or click on a link on the website of the merchant, which forwards him to the participant offer. In a further step, the user can then follow the instructions on the screen to receive rewards through incentivized purchases or referrals.

2.2 Users will be informed both about the goods and services for which rewards are being offered and how their friends/invitees, when offered, can receive and recall discounts or rewards.

2.3 It is N-Centive's sole discretion to determine the method by which users can recruit users

3. Rewards, recommendations and benefits

3.1 A user must be signed in for rewards and referrals.

3.2 Conditional to these Terms and Conditions, Users will be rewarded ("Reward") for each purchase of specific Products and Services as identified by the Merchant, as well as for any User Friend who accesses Merchant Services as a result of a Referral.

3.2.1 Rewards can be both clearly defined goods and services, as well as rebates, or even credits in the form of loyalty points (not monetarily quantified).

3.3 Users will be provided with a specific individual N-Centive "Sharing Dashboard" page or account to review their loyalty points, referrals and any rewards they are entitled to.

3.4 To qualify a user for a referral reward, all of the following requirements must be met:

3.4.1 The enlisted user friend may not be an existing customer of the merchant, and he must never have been a customer of the merchant under any email address or alias.

3.4.2. He must have purchased goods or services from the merchant by accessing the program via the respective referral method.

3.4.2 It must comply with all other criteria, such as the user and the user friend of N-Centive (they may require a minimum age).

3.5 A user is entitled to only one reward for each individual user friend to whom the program was recommended and who fulfills the respectively applicable requirements according to Clause [3.4].

3.6 Further purchases of the merchant's goods and services by a recruited user friend, in addition to the original purchase and outside of this under the program, do not entitle to further rewards of any kind.

3.7 The applicable reward to which the User is entitled is the reward displayed at the time the User logs in to the Program with respect to a merchant on its Website. Please be aware that rewards for one merchant may change at times and different users may claim different rewards.

3.8 Rewards may include a discount on a future purchase, coupon, or other perks as determined by the merchant. The Merchant is responsible for fulfilling the reward, and N-Centive shall not be liable to Users for the redemption or benefit of such reward (see clause 4.4 below).

3.9 All rewards displayed on the N-Centive website or via a merchant website are subject to these terms and conditions. In addition, the reward will be subject to any other terms or conditions specific to you, as communicated to you at the time of registering for the Program.

3.10 The total number of rewards a user may be entitled to in relation to a Program may be limited over a period of time. Such limits or restrictions will be communicated to the user at the time of registering for the program. In order to avoid misunderstandings, users who purchase User Benefits on the Program may purchase merchant services and fulfill all other requirements, in such cases are not eligible for a reward.

3.11 A recruited user friend who meets the appropriate requirements and therefore entitles the user to a reward may be entitled to a separate reward ("Friends Reward") A merchant is only entitled to a single friend reward for each merchant.

3.12 If a user friend subsequently cancels his purchase of merchant services, this will also result in the cancellation of the friend's reward and reward of the user.

3.13 User friends may be subject to review and N-Centive may postpone the issuance of a reward (or a friend's reward) for verification purposes. N-Centive also has the right to refuse to review and process any transactions that N-Centive considers fraudulent, suspicious or in breach of these terms and conditions in its sole discretion or which N-Centive believes may be a potential liability for N-Centive, its affiliates Or party to any of its respective officers, directors, employees, alternates or agents.

3.14 All decisions made by N-Centive as to whether or not a recruited User Friend has been positively reviewed or not and, as a result, the User is entitled to a reward are considered final and binding.

3.15 Rewards are non-transferable and can not be auctioned, traded, exchanged or sold. All unclaimed rewards collected by the user will expire at the end of the program or any part thereof for any reason whatsoever or as a result of the termination of a N-Centive user account for any reason whatsoever.

4. Merchants

4.1 All rewards may be redeemed at the relevant merchant under the terms and conditions of this merchant ("Merchant Terms") and as otherwise provided for each rewards.

4.2 We are in no way responsible for providing the Merchant Services, whether in accordance with a reward, a friend's reward, or otherwise.

4.3 The terms on which a reward can be redeemed always include the applicable merchant terms. Before purchasing Merchant services or recommending a friend to a Merchant, we advise you to read the merchant terms and conditions published on the merchant's website or to call or email the merchant. If you have any questions about merchant terms and conditions, please contact the merchant and not us.

4.4 After the funds have been made available to you to redeem the reward, we are not obliged to pay you any further rewards. All responsibility lies with the Merchant, unless otherwise stated in these terms and conditions.

4.5 We assume no responsibility and no liability to you, if the Merchant services do not meet your expectations or you feel that they are in any way unsatisfactory, a right to action or a claim exists against the Merchant.

5. Your other obligations

5.1 You are obliged to:

5.1.1 to comply with these Terms and Conditions and the Merchant Terms and Conditions and act accordingly

5.1.2 not to redeem or act in any way with the Merchant if its actions could adversely affect the business, the reputation of N-Centive or our relationship with a Merchant.

5.1.3 refrain from any attempt to commercialize, imitate, sell, or resell a reward to a third party

5.1.4 provide us with your details and ensure that the information we hold about you (including your e-mail address) is up-to-date and valid

5.1.5 to use the Website in accordance with these Terms and Conditions and so that it could not harm the reputation of N-Centive or the use and enjoyment of the Website or our services by other users or third parties

5.1.6 to notify us, as soon as you become aware of an unauthorized attempt to gain access to your account or redemption of rewards by using your personal information.

5.2 You affirm that:

5.2.1 you are fully authorized to agree to this Agreement and

5.2.2. that you are at least 13 years old.

6. Personal links

6.1 If a user forwards a personal link to a user friend by e-mail, then this e-mail must be designed and distributed in a personal manner, as appropriate in the communication between friends, colleagues and family members. By submitting the e-mail address, the Referrer declares that he / she has received the prior consent of the owner of the e-mail address.

6.2. Mass mailing, sending to unknown persons, or otherwise advertising the Personal Link in a manner that would constitute or constitute an unsolicited e-mail offer or "spam" in the sole discretion of N-Centive, is expressly prohibited and may be deemed to be a Immediate Termination of the Referrer's Account and Disabling Personal Links.

6.3 We do not tolerate spam in any way. N-Centive is under no obligation to monitor the content provided by users, but N-Centive can exercise such control and block any e-mail, remove content or prohibit its use.

6.4 Each user is the actual sender of the e-mails and obliged to comply with the applicable laws. Users who fail to comply with these laws, including anti-spam laws, are required to indemnify N-Centive against any liability, costs, and expenses resulting from such spam.

7. Termination and suspension of the account

7.1 If you violate these terms and conditions, we may at any time suspend your account.

7.2. If we suspend your account or access for any reason, we will deny you the provision of any services or entitlement to any rewards. If you attempt to circumvent this provision by opening a new account, we reserve the right to terminate this Agreement with you and any accounts you maintain.

7.3 We may terminate this Agreement and Your Account at any time if:

7.3.1 You violate the terms of this Agreement

7.3.2 We suspect that you are about to violate this Agreement

7.3.3 you become insolvent or we suspect that you will become insolvent.

7.4 After termination you are no longer allowed to use our services or access rewards. If, at the time of termination, you still have any rewards that you wish to redeem, we reserve the right to suspend such redemption of rewards.

7.5 Subject to Clause 7, any termination of this Agreement (for whatever reason) shall not prejudice the accrued rights or liabilities of any of the parties, nor shall it enter into force or maintain the validity of any provision that is expressly or impliedly effective or Time of termination or thereafter remain effective.

8. Your liability

8.1 You agree to indemnify us from any claims or legal actions brought against us, and you agree to indemnify us for all losses and damages suffered as a result of:

8.1.1 a breach of the agreement on your part

8.1.2 a violation of the terms of a reward or merchant terms

8.1.3 Your actions regarding the N-Centive Services or the N-Centive Website.

9. Our liability

9.1 We shall not be liable to you for any business, financial or economic damages or consequential or indirect damages such as reputational damage, loss of business, lost profits, loss of expected savings or lost opportunities arising out of or otherwise arising from any service provided by us Agreement (whether caused or added as a result of our negligence). Excluded are fraudulent acts, intentional concealment or theft.

9.2 To exclude all misunderstandings, the disclaimer according to clause 9.1. also includes any damages arising out of your trade with any of the merchants or their dealership services, and we assume no liability whatsoever for any acts or omissions on the part of the merchants with respect to the merchant services.

9.3 Our liability to you for all damages under this Agreement (subject to any liability under clause 9.5 below) is limited either to (i) the monetary equivalent of the rewards granted to you from this Agreement or (II) to € 100, whatever the higher amount is.

9.4 Claims against us under this Agreement must be received by us within 12 months of the date on which you last received a reward.

9.5 Our liability for death or personal injury resulting from our negligence or fraud or fraudulent misrepresentation on our part is not limited or excluded by any provision of this Agreement.

9.6 You agree that the above exclusions of liability are reasonable in all circumstances, especially in view of the fact that our services only relate to the awarding of rewards to you and that the responsibility for redeeming the rewards and merchant services lies solely with the merchant.

10. Intellectual property

10.1 The content of this site is protected by copyright, trademark, intellectual property and other intellectual property rights ("Intellectual Property Rights") and all such intellectual property rights are in our possession as a result of limited or total licensing by the licensors. The intellectual property rights in the website remain our property or the property of our licensors.

10.2 You may access and display the content of the Website on a computer screen, store the Content electronically on a hard disk (but not on a server or other storage device connected to a network) and print it out for your own non-commercial use, provided that all Copyrights and protection marks of you remain protected. You may not reproduce, modify, copy, distribute or use any of the materials or contents of this website for business purposes without our written permission.

10.3 You agree that any remarks, communications, ideas, or other materials or information ("Customer Proposals") that You provide to us through or relating to the Services and the Website will be treated as non-confidential. All Customer Provision provided by you will be transferred to our ownership upon your access, and you will assign to us all intellectual property rights that may exist therein.We are not limited in any way to the Customer's suggestions and may use them at our discretion.

11. General

11.1 Each party assures that it has the authority to conclude this agreement and has obtained all necessary consents.

11.2 By agreeing to this Agreement, you also agree to our privacy policy, which is available on our website.

11.3 All communications sent to one party by the other must be made by prepaid registered delivery, registered letter or e-mail to the party's address as specified at the beginning of the agreement or to any other physical or electronic address, as appropriate a party on the part of the other announced.

11.4 We are entitled to assign obligations from this agreement or pass them on as a subcontract.

11.5 Each party acknowledges that this Agreement, including the Privacy Policy, constitutes the entire agreement between the parties and that it is not based on any verbal or written representations by the other party or its employees or agents and has conducted its own independent investigation in this regard. In particular, it is agreed that no terms and conditions or contract documents maintained by you or its affiliates or that you wish to apply to the subject matter of this Agreement shall apply.

11.6 Should individual provisions of these conditions be wholly or partially ineffective or contain a gap, the validity of the remaining provisions or parts of such provisions remains unaffected. In such a case, the parties undertake to enter into negotiations with the aim of replacing the ineffective or incomplete provisions with provisions which come as close as possible to the originally intended provisions while safeguarding the mutual interests

11.7 Any delay, failure or omission by either party to comply with the terms of this Agreement by the other party shall not constitute a waiver of any rights under this Agreement and shall not affect the rights of this Agreement. Rights, powers, or remedies arising out of this Agreement granted or reserved to either party do not exclude other rights, powers, or remedies available to the party.

11.8 The law of the Federal Republic of Germany excluding the UN sales law applies exclusively.

11.9 The place of jurisdiction for all legal disputes arising from this contract, unless otherwise regulated by statutory provisions, is the registered office of N-Centive at the time of the indictment