General Terms and Conditions (GTC)

1. General information

1. 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 accepted upon registration.

3. The version of the GTC published on cashyou.ch shall be authoritative. Cashyou may supplement or amend the GTC at any time at its sole discretion. The most current version of the GTC shall apply.

4. These GTC shall exclusively govern the contractual relationship between cashyou and the users of the online portal in the above sense. Contradictory or deviating contractual terms and conditions of the Customer shall not be recognized, unless cashyou has expressly agreed to them in writing in an individual case.

5. cashyou reserves the right to modify or completely discontinue the services offered at any time. The information contained on the cashyou-App may also be changed or deleted in part or in full 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 defined as a person who registers in the cashyou app, creates a profile conclusively and with all necessary information and pays the subscriber fee of CHF 39 per year or owns a UBS Generation or UBS Campus bank package from UBS Switzerland and has verified himself as a UBS client by means of a photo of a valid UBS debit card.

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

3. A "Benefit" means a non-specific benefit 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 offered only to cashyou subscribers.

3. Registration and access authorization

1. cashyou subscribers are students, high school students, vocational baccalaureate students, secondary or high 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 relationship from the 12th to the 30th year of age.

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

3. In order to create a cashyou account, you must provide your first and last name, an e-mail address, a telephone number, a password and your date of birth.

4. The information provided by the Member during the registration and payment process must be truthful. In the event that a Member fails to comply with this requirement, cashyou expressly reserves the right to refuse to register a Member.

5. Members are also obliged to check the data on their account regularly and to update or amend them if necessary. Upon request by cashyou, the accuracy of the data provided by the Members shall be verified. cashyou reserves the right to make random checks on the accuracy of the data provided.

6. Subscribers are generally welcome as long as they are in a training relationship according to chapter 3, item 1 above. Students may therefore be asked by e-mail to confirm their university or FH e-mail address. Students and apprentices may be asked to confirm that they are still in an educational relationship. This training relationship must be present and confirmed at registration.

7. Once a subscriber profile has been created, it is personal and may not be shared or passed on to other people (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 the information accessible on cashyou.ch or the cashyou app (especially e-mail addresses and telephone numbers) is expressly prohibited. In particular, the use for the purpose of distributing unsolicited advertising, as well as the copying or systematic collection of this information is prohibited.

9. 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. Claiming benefits and identification as a user

1. Subscribers can identify themselves as such via the cashyou app Logged-in subscribers can access Benefits via the app and redeem (subject to availability). Benefits that can be redeemed daily, weekly, monthly, per quarter, per semester or once only, require the completion of the confirmation process and the fulfillment of other criteria.

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

3. If the redemption of benefits via the smartphone is not possible for technical reasons - in particular if vouchers cannot be validated reliably - the partner is not obliged to grant the benefit.

4. Once a benefit has been redeemed, it cannot be renewed outside the specified availability cycles. cashyou will not reactivate the Benefits if they have been redeemed by mistake and the Benefit has not been granted by a Partner. Any mutual legal claims between subscriber and partner arising therefrom shall be clarified between them: cashyou cannot be held liable or responsible for this.

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

6. Partners may make the granting of benefits subject to additional conditions which are not exhaustively listed here.

6.1 The granting of a benefit can be granted in particular depending on age. This applies in particular in connection with admissions to clubs and bars. As a rule, no admission will be granted if a subscriber appears in a state of intoxication, the bar is already full or a dress code is not observed. The existence of a benefit does not therefore entitle the holder to enter a pub without further ado.

6.2 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 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 against the additional presentation of a proper student, pupil or apprentice ID 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 concerning the performance of a good can only be offered as long as the good is in stock.

5. Participation in competitions

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

2. Winners will be notified by e-mail. In doing so, cashyou may insist that the Subscriber provide cashyou with his/her address and, if necessary, other data (e.g. date of birth) to enable delivery of the Prize and/or other relevant information. Such data may be sent to the delivering partner so that the latter may contact the winners directly. Should this be the case, cashyou will notify the winner and give him/her the opportunity to object.

3. If it is explicitly stated in a contest that data of the participating subscribers may be forwarded to the organizing partner, the subscriber agrees with his participation in the contest that his contact data (especially e-mail address) will be forwarded to the respective partner (see also 8.5 Data Protection).

4. If cashyou does not receive any feedback from the Subscriber within 7 days after sending the notification of the prize, or if his address data are not sufficiently visible to cashyou, a new winner may be determined without further notice.

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

6. Special provisions regarding the cooperation with UBS Switzerland AG

1. By registering with cashyou for a free cashyou subscription with the UBS Campus or UBS Generation banking package, 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 and UBS marketing purposes, in particular for product advertising.

2. Subscriptions must be verified within 30 days using the UBS debit card, otherwise the subscription will automatically be subject to payment for CHF 39 per year.

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

1. The raffle takes place one day after the closing date for entries The closing date is listed separately for each competition. Persons resident in Switzerland between the ages of 12 and 30 are eligible to take part in the draw. UBS Switzerland AG reserves the right to make competitions accessible only to certain age groups.

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 given in the form of a voucher. UBS is not liable for any risks of the winners in connection with the competition.

3. Legal action is excluded. No correspondence will be entered into regarding the prize draw. By entering the competition, participants accept the conditions of entry 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.

4. The competition on the cashyou app is run by Notch Interactive AG, Theaterstrasse 12a, 8001 Zurich or Wirz Communications AG, Uetlibergstrasse 132, 8036 Zurich on behalf of UBS. The personal details will be stored, transmitted and processed by them on behalf of UBS for the purpose of carrying out the competition. If you have any questions about data processing, please contact us at datenschutz@cashyou.ch.

8. Warranty and liability

1. Although cashyou endeavors to publish only correct and current 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 can under no circumstances be claimed from cashyou. Any legal claims shall be addressed directly to the Partner with whom an independent legal relationship is entered into.

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

4. cashyou shall endeavor to offer its subscribers access to cashyou.ch and the associated smartphone app without technical disruption. However, maintenance and further development work on the website as well as malfunctions of any other nature may temporarily interrupt the use of cashyou.ch or the cashyou-App. cashyou shall not be liable for any damages (including loss of profit and loss of data) resulting from technical restrictions of use or failures of the platform. In particular, liability for damages resulting from 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 the network operators and rejects, 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 correctness at the time of their inclusion. However, cashyou shall not be liable for the accessibility of external content and possible consequential damages due to the setting 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 which may result from loss of data, loss of use or other reasons. cashyou hereby expressly distances itself from the contents 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. Therefore, cashyou 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 shall be addressed directly to the partner in question.

9. Mobile use

1. When using cashyou.ch via smartphone, additional costs for data transmission may arise - 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 and its 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 form relevant to copyright law with the written consent of cashyou or the partner in question.

2. cashyou holds the copyright for the design of the cashyou.ch website and the cashyou Smartphone App.

11. Severability clause

1. If individual provisions of these general terms and conditions prove to be invalid, the remaining provisions shall remain in force. An invalid provision shall be replaced in good faith and in a legally effective manner by a provision which most closely corresponds 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 or any other international agreement.

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

State: March 2020