Terms of use of the «k kiosk App» («App»)

1.1 Valora Schweiz AG („Valora“ oder „wir“) betreibt diverse Detailhandelsformate. Diese App bezieht sich ausschliesslich auf das Format „k kiosk“.

1.2 Die Nutzung dieser App bedingt die Zustimmung des Nutzers zu diesen Nutzungsbedingungen.

2.1 Creation of a user account (registration)
The use of the app is only recommended from the age of 14. Registration is free of charge and does not constitute a purchase obligation. Once the user has completed the registration process, a user contract is concluded between Valora and the user, and the user account is immediately activated.
Valora has the right to block the user account in the event of a breach of these terms of use.

2.2 Required user information
It is possible to create a user account by providing the following information:
• The current personal information (first and last name, date of birth, gender)
• A valid mobile phone number

2.3 Verification and Accuracy of Information
When registering, the user must provide all requested data completely and truthfully and keep the data up to date during the period of use. Registration under a pseudonym is not permitted.
During the registration process, the information provided will be verified as follows:
• The validity of the mobile phone number and its affiliation with the user is confirmed by SMS verification.

3.1 General
The User is only entitled to participate for purchases made by him/herself in k kiosk in accordance with the following provisions. The user is explicitly prohibited from registering the purchases of other users in his app as his own purchases or having them registered by the sales staff.

3.2 Loyalty Programs and Payment Linked Loyalty
The user can participate in the following loyalty programmes (loyalty points, stamp cards) by using the app. Participation occurs either by showing a QR code or by paying directly with a means of payment stored in our Payment Linked Loyalty programme. You can find more information on the various benefit programmes in the following paragraphs.
Our Payment Linked Loyalty programme (hereinafter “PLL”) allows you to collect loyalty points, stamps and other benefits without having to open your app and show the QR code. All you have to do is pay for your purchase with a means of payment stored in the app.
This is how it works: If you make a purchase using a supported means of payment (currently: MasterCard, Visa, American Express, Maestro, PostFinance, Twint, VPay) at one of our points of sale locations and present your QR code at the checkout, you will be prompted by the app to link the means of payment you used to your customer account. Once you confirm your entry, the relevant means of payment is stored in the app until you choose to delete the means of payment or your customer account. Whenever you pay with the selected means of payment in the future, all benefits will automatically be credited to your customer account. You have the option to link multiple means of payment to your account.

3.3 Reward Points
Customers can collect points by showing the QR code of their digital customer card in the app at the checkout or by paying for their purchase with a stored means of payment.
The following applies:
• For every Swiss franc the customer buys for, the customer receives one point. Multiple points per Swiss franc can also be awarded for products in special promotions. Each purchase is rounded down to the full franc amount. Multiple purchases cannot be cumulated.
• Points have no direct money equivalent. They can be exchanged for the products in the App Reward Shop at the specified point value.
• Points that have not been redeemed automatically expire after 2 years.
Note: No points are awarded for games of chance (lottery, etc.), gift cards (all cards that can be charged with an amount, incl. Bitcoins), phone codes (incl. SIM cards) and financial products (prepaid cards, Paysafe, etc.).

3.4 Loyalty Stamp Cards
Stamp cards must be activated once by the customer so that stamps can be collected. Seasonal and special stamp cards must be activated upon publication or each season respectively.
All the stamps relevant to the purchase are awarded whenever customers present the QR code of their digital customer card in the app for a purchase and it is scanned by the sales staff. Alternatively, if customers choose to pay with a stored means of payment, presenting the QR code is not necessary.
Full stamp cards generate a coupon for a free product. The voucher can be redeemed or sometimes gifted to other persons.
Note: With seasonal stamp cards, incomplete stamp cards expire at the end of the season.
For each purchased product, the customer will only receive stamps on a single stamp card, even if stamps could in principle be collected for the product on several stamp cards. Stamps are credited to the customer on the stamp card that offers the better conditions for the customer. If the customer wants to receive stamps on the stamp card that is mathematically less advantageous for him, he can (temporarily) deactivate the more advantageous stamp card in the app itself.

3.5 Sales Promotions
Within the framework of sales promotions, products are offered at particularly attractive conditions. Such sales promotions are limited in time and quantity. Valora reserves the right to make the redemption of sales promotion coupons subject to the fulfilment of certain conditions together with the respective promotion.
Coupons must be activated by the customers each time. When customers present the QR code of their digital customer card in the app for their purchases or pay with a stored means of payment, all activated coupons relevant to the purchase are redeemed; please note that customers may only redeem one coupon for each product. Using multiple coupons for a sold product is not allowed. If a coupon is activated for a particular product, the customer will not receive any stamps on his stamp card for the same product.

3.6 Sweepstakes
In this App there are recurring sweepstakes promotions where our users can win a prize with a little luck. All registered App users are eligible to participate, regardless of whether or not they shop at a point of sale. How often each user can participate in a sweepstakes is determined and communicated separately for each sweepstakes. The likelihood of winning may vary depending on the promotion, but it is the same for all entries within a particular sweepstakes.
The presentation of a sweepstakes can be simplified and is therefore no indication of the probability of winning. Valora determines the prizes for each individual promotion, and they can be designed to be flexible. Tendered prizes can be product vouchers / coupons, price discounts (in form of a percentage or a specified amount), or extra stamps for loyalty stamp cards in the App (non-exhaustive list). Depending on the promotion, prizes can be of different monetary value.
A cash payment of the prize as well as the exchange of a won prize for another prize is not possible. There is no entitlement to the execution of the promotion during the entire promotion period. Legal recourse is excluded.
We can also make references within the App to sweepstakes which are carried out outside of this App by providing links to these sweepstakes. The participation in such sweepstakes is subject to the special conditions of participation of the respective sweepstakes.

3.7 Offers related to Tobacco and Alcohol Products
The sale of age-restricted goods, such as tobacco and alcoholic beverages, to young people under the age of 18 or 16 respectively is prohibited. Our offers in this regard are therefore exclusively aimed at App users aged 18 (or 16 respectively) and over. For tobacco offers the customer has to activate them, an activation is only permitted for smokers.

3.8 Vouchers
a) General
Valora can provide different vouchers in the App. Vouchers are not paid in cash and are only valid for the products named on the voucher and for the specified duration. Vouchers can only be redeemed once. Redemption is subject to the requirements and special terms and conditions stated on the voucher in question.

b) Vouchers for Existing Users
Valora may store vouchers for existing users in the user’s respective account within the App. Such vouchers may not be given away by the user as a gift, they are non-transferable and can only be redeemed once. The user can redeem the voucher in the App by activating the code. Redemption is also subject to the special terms and conditions stated on the voucher.

c) Sending Invitations to Friends
Users can invite their friends to use the App by sending them a link or an alphanumeric code for a voucher (e.g. a referral coffee) via a messenger service outside of the App.
If the user wishes to use this referral function, he/she is required to inform the recipient in advance so that the friend can object to the sending of the link and/or the code.
Only those friends of the user can redeem the referral gift whose mobile phone number is not already linked to an existing profile in the App or who have been registered users of the App for less than 14 days and have not yet redeemed a voucher for a referral coffee. The recipient may not give away the voucher for a referral coffee as a gift, and it can only be redeemed once.
After a successful referral, both the user and the recipient will receive a referral voucher in the App.

d) Sending Vouchers to Friends
In addition, users can give certain vouchers, which are labelled to that effect, to their friends by sending them a link or an alphanumeric code for a voucher via a messenger service outside of the App. The recipient can redeem the voucher exclusively by using the App at the point of sale. If the recipient does not yet have a user account in the App, he/she must first create a user account in order to redeem the voucher. By sending the link or the code via the messenger service, the gift is deemed to be completed and the user cannot revoke the gift of the voucher.
If the user wishes to send the voucher to a person, the user must inform the recipient in advance so that he/she can object to the sending.

Valora hereby grants the user a non-exclusive, non-transferable, and non-sublicensable right to use the App for private purposes, provided that the user has accepted these terms of use and complies with them permanently and in full.
We (or our licensors) reserve ownership of all trademarks, copyrights materials, and other intellectual property rights in the App design, text, images, sounds/music, data, information, logos, software codes, and other materials. ¨The user acknowledges that he/she has no rights in the App or such materials, except the right to use this App in accordance with these terms of use.

You may not make copies of the App or transfer any rights in the App to any third party in any way. Neither the content of the App nor the material on which it is based may be modified, adapted, disassembled, decoded, decompiled, reverse engineered, corrected or altered in any way.
Valora may, at its sole discretion, transfer or otherwise dispose of the license or the rights and obligations it entails at any time to any affiliated company or third party.

Insofar as content published by the user within the App (e.g. ratings) enjoys copyright protection, the user grants Valora all rights of use to the content required by Valora for publication and dissemination of the content. These rights of use are unlimited in terms of time, space and content and irrevocably entitle Valora to transfer the content and rights of use to third parties. The rights of use granted include, in particular, the right of reproduction, the right of modification, the right of distribution as well as the right of public reproduction and making available to the public. The user warrants to be able to dispose of the aforementioned rights in the manner described and waives the right to the naming of the author.

The App is provided free of charge and 'as is'. The App is available in the Swiss Apple App Store or Google Play Store. If costs arise for the installation and use of the App by third parties, in particular mobile phone and app store providers, such costs are to be borne by the user himself. When downloading and using the App, additional terms and conditions of the App Store provider may apply in addition to these Terms of Use, and Valora is not responsible for such other terms and conditions.
Valora is committed to ensuring the highest possible level of uninterrupted availability of App services. However, Valora does not guarantee that the service will be uninterrupted, that it will be available at a specific time, or that the content of the App will be complete and accurate. Access to the network and the internet is beyond Valora's control and responsibility.
Valora may, at any time and for any reason, disable, restrict or modify the functionality of this App, in whole or in part, temporarily or permanently, or maintain or update the App.
In the event of updates, the user is requested to download and install the update. If the update is not performed, this App may no longer be usable, or may be usable only in a limited manner.

7.1 Liability
To the extent permitted by law, Valora shall not be liable for any damage incurred by the user or a third party in connection with the use of the App, for the suspension, interruption or unavailability of the App, or for any damage to or alteration of the user’s terminal equipment as a result of the installation or use of this App.

7.2 Termination
Either party may terminate these terms of use at any time with immediate effect. After termination of these terms of use, regardless of the legal reason and by which party, the user cannot assert any claims arising from the App (e.g. vouchers not redeemed, points credited).

7.3 Modification of the Terms of Use
Valora may change these terms of use at any time. Changes shall become effective if the user accepts them as part of an update or in any other form or continues to use the App after having been informed of the changes.

7.4 Applicable Law and Jurisdiction
These terms of use are subject to Swiss substantive law. The exclusive place of jurisdiction for all disputes arising between Valora and the user shall be Basel-City, Switzerland.

7.5 Questions and Support
If you have any questions about the App, please send an e-mail to  info@kkiosk.ch.