1 | Code of Conduct and our promise

Our mission is to provide the best customer experience in the world. Our promise is transparency and simplicity. By transparency, we mean that as a user of the app, you have full insight and control over your personal data and how we and affiliates can and may handle it.

By simplicity, we mean as user-friendly and simple a system as possible for purchasing and paying for services and products from affiliated companies through the app. The use of the app is free for you. To achieve all this, we promise the following:

• You come first. Without you and your trust in us, no mobyyou; it's as simple as that. That's why we promise you a secure user environment where you are fully in control of your personal data and (privacy and marketing) settings. Click Settings in the app to view your profile.
• We like to go the extra mile when it comes to your data and privacy. We treat your data as if it were our own. Therefore, you are in control and can change the settings at any time.
• We will protect your privacy. We will make every effort to keep, use, manage and secure your personal data safely. We require member companies to collect, process, use and access your data only for the purpose for which it was received. Based on the agreements we make with you, in compliance with applicable (privacy) laws, they will do so. See our privacy statement for more information on how we secure and use your personal data.
• We comply with laws and regulations. We take our responsibility to comply with applicable laws and regulations very seriously and expect the same from our employees and affiliates. If you see or notice anything that does not comply, please let us know immediately. We will look into it immediately and take appropriate action if necessary.
• We listen to you. Our app is the result of your experience(s) and suggestion(s). If you have any comments, please let us know and we will work with your feedback and suggestions.
• We also expect (and will start rewarding) good behavior from you. Provide the right information, use the app according to the instructions and fulfill your (payment) obligations to the affiliates for services enjoyed by you.

2 | Definitions

2.1 | The following definitions have the following meanings in these General Terms of Use:

• App: application in which the Services are available.
• Bank Account: the bank account number in the name of user at a credit institution in Europe and linked to your account.
• Payment transaction: the payment transaction between you and the merchant in the context of a contract to supply goods and/or services, or between you and another user.
• Community: virtual community of users and merchants of the app and services.
• Services: the (payment) services as made available from time to time by mobyyou in the app.
• User: you as a consumer and/or user of the app.
• Loyalty Program: a (savings) program that merchant can offer within its zone within mobyyou to its zone members and with which zone members can, for example, earn discounts on subsequent purchases with merchant.
• Merchant: an affiliated company or organization that sells and/or provides services or products to you, the User.
• mobyyou: mobyyou bv, a private company with limited liability, having its registered office in Eindhoven and its principal place of business at Betagebouw 9 (5656 AE) Eindhoven (KvK 6645539).
• Privacy Statement: the privacy statement of mobyyou for Users and merchants (as may be amended and/or supplemented from time to time).
• Profile: your User Profile containing your personal (payment) information, zones and (privacy and marketing) settings for use of the app and the Services, including management of your balance and bank account.
• Promotions: promotions offered by merchant through its zone, discounts etc. related to merchant's products or services.
• Transaction: the purchase by a user of a merchant's product or service.
• Transaction data: all information related to the transaction, including the value of the transaction.
• Terms these General Terms of Use (as may be amended and/or supplemented from time to time).
• Claim: any claim for payment a sum of money pursuant to a transaction.
• Zone: a zone set up by a merchant to which a user can become a member. Through the zone it is possible for the merchant to address general and personal communication to the user, offer (targeted and general) promotions and loyalty programs to you as a user.
• Zone member: user of a zone.

3 | About mobyyou and the general conditions

3.1 | mobyyou and app

3.1.1 | mobyyou bv (trading as mobyyou) is a limited liability company incorporated under the laws of the Netherlands, having its registered office in Eindhoven and its principal place of business at Betagebouw 9 (5656 AE) Eindhoven (KvK 6645539, BTW 856561320B01).

3.1.2 | mobyyou is the owner, manager and provider of the app, zone and services. The Services are offered in and from the Netherlands to Users and affiliated merchants. The use of the app and zone by Users is exclusively for personal or business use (B2B or B2C) for which the app and zone are intended. Each merchant is expected to act on a professional basis towards the user.

3.1.3 | It is not permitted to use the app, zone or the services for competitive purposes, resale, scrapping/spoofing, deep linking, copying or copying.

3.1.4 | The intellectual property rights of the app and zone (including the brand name, copyrights and the relevant software required for the Services and the content and information contained in the app) belong to mobyyou (or its licensors). mobyyou is a registered trademark of mobyyou bv.

3.1.5 | mobyyou will never act or act as a (re)seller of any product or service in the app or zone. The merchant is responsible for the content and offers in the zone and products and services offered by it (including withholding and remittance of any relevant taxes and duties) and any promotions and actions and (participation/conditions) loyalty program. For questions and/or complaints about any product (including promotions, promotions), we must refer you to the relevant merchant.

3.2 | Terms and conditions

3.2.1 | The use of the app, zone and services is subject to these terms and conditions (including privacy statement). By downloading and (at any time thereafter) using the app and using the zone and the services, you (as a user) (explicitly and tacitly) agree to and accept these terms and conditions (including privacy statement).

3.2.2 | In Article 6 of the Conditions, you will find the rights and obligations of mobyyou, including other conditions and (limitation of) liability and disclaimer.

3.2.3 | Please note, terms and conditions may change from time to time. Please check the app for the latest applicable version. By using the app, you (tacitly) agree to amended terms and conditions which will apply from the day the new terms and conditions are available. For services taken under the old terms, the old terms will remain in effect. For services purchased at the time of the new terms and conditions, the new terms and conditions will apply.

3.3 | Merchants and Zones

3.3.1 | What is important to know is that you use the mobyyou app to purchase a product or service from a merchant, but mobyyou is not the provider of the product or service. You ultimately pay the merchant (not mobyyou) for the product and service. Therefore, the Merchant is also responsible for (the quality and delivery) of the product and service (and any defects and deficiencies). By purchasing a product or service from a merchant, you enter into an agreement with the relevant merchant offering the product or service.

3.3.2 | Please note that merchants may use (additional) (general) (product/services/supply) terms and conditions (including terms and conditions for promotions/actions and loyalty program) and may include or apply restrictions on purchase, use, delivery, transportation, warranties of their services and products (including disclaimers and limitations of liability) (the "Merchant Terms and Conditions"). Any merchant terms and conditions will be made known to you by the merchant with sufficient clarity and promptness (at the time of offer or before, during or after the conclusion of the contract). These terms and conditions shall apply in addition to any merchant terms and conditions.

3.3.3 | We have agreed with our merchants that they will comply with consumer law for any product returns or handling of product warranties. Check the merchant terms and conditions for what, how and what cannot be returned.

3.3.4 | Users are free to opt-in or opt-out of a Zone. There is no charge for subscribing or unsubscribing.

3.3.5 | Each merchant is responsible and liable for its Zone (including its content, products/services offered (and prices), any promotions, actions and participation (loyalty program) and any relevant taxes and duties to be withheld and remitted on the products and services.

4 | Privacy and communication

4.1 | Privacy (statement)

4.1.1 | We respect your privacy. We adhere to the following privacy principles:

• Transparency: we inform users through our privacy statement about how, what, where and when their personal data is collected and processed and how it can be modified or stopped.
• Purpose: we collect only the most necessary personal data from users to achieve specific business goals (and no more than that). We use personal data only for the purpose for which the data was provided (and not for any other purposes for which we do not have permission or for which it is not necessary). We do not retain a user's data longer than necessary and will delete it upon the user's first request.
• Access and choice: users can access and delete their personal data via their account.
• Security: mobyyou uses extra stringent security measures and systems to keep personal data safe and protect it from misuse and unauthorized access and use. General
• Read more in our privacy statement for the use, processing and protection of your personal data and your further legal rights.
• By downloading the app and using the app and services, you agree to the privacy statement.
• You also agree that we (as data controller) may share your personal data for which you have given us consent with the relevant merchants of the zones to which you are subscribed and any auxiliary persons (such as collection agencies).
• The merchants will be (co-)data controller (within the meaning of this GTC) of your personal data. Please review the privacy statement for more information.
• As a User, you are responsible for uploading and entering correct personal data (including phone number and bank account number). mobyyou accepts no liability for incorrect (personal) data entered by you or the processing thereof.

4.2 | Communications

4.2.1 | You hereby expressly agree that any communication will be made as much as possible through the app, the zone and, if required, your cell phone number (SMS). For some products and services (and related correspondence and communications), you may receive a text message from mobyyou, the merchant or auxiliaries engaged by mobyyou.

4.2.2 | The zone may be used by the merchant as a communication channel with the User. Depending on your preference and use of the zone, this communication may consist of relevant communications related to the products and services purchased and/or purchased by you and, after your active consent, also for possible direct marketing, advertising and promotions, surveys and invitation to leave a review/survey. The merchant is responsible for the content and consent obtained for these forms of communication.

4.2.3 | For any (further) communication with mobyyou, please see the contact details below.

5 | Contact, fraud and complaints (settlement)

5.1 | Contact

You can reach us via e-mail. E-mail: support@mobyyou.com Website: www.mobyyou.com For questions, suggestions, ideas or complaints, please send an e-mail to: support@mobyyou.com. Because your membership is linked to your cell phone number, in order to expedite the processing of your complaint, please include your phone number known to mobyyou when submitting a complaint.

5.2 | Complaints procedure

5.2.1 | We recommend that you first raise complaints with us by contacting us using the contact information above. If this does not lead to a satisfactory solution, it is possible to upload your complaint through the European Commission's online dispute resolution platform (ODR platform).

5.2.2 | For complaints about merchants' products and services, we would kindly ask you to contact the relevant merchant who offered the product or service or from whom you purchased the product or service. If you need assistance, we are of course happy to help you with this. For questions and complaints regarding the app and mobyyou services, please contact mobyyou.

5.3 | Fraud

5.3.1 | In case of misuse of the app, Services or in case of fraud, mobyyou shall be entitled to recover from you the costs and any possible damages and to recover from you in full any (additional) claims and costs (including fines) charged to mobyyou by third parties.

6 | The small print

Below you will find an overview of the other relevant provisions of the Terms and Conditions, including the rights, duties and conditions of mobyyou and regarding the services and (limitations of) liability and any disclaimers. We recommend that you take careful note of these provisions. In case of (alleged) fraud or abuse, mobyyou is entitled to limit or discontinue (in whole or in part) (access to) the app and Services.

6.1 | Payments, balance and transactions

6.1.1 | The app allows payments to be made and received (to and from other members (merchants and users)) via the payment method available and chosen by you. Payment by you to the merchant will be made through the mobyyou payment platform. when necessary, mobyyou will facilitate payment by the User to the merchant as an agent. In this context, mobyyou will receive payments from Users to the merchant in a third-party funds account of a third-party funds management foundation, where receipt in the third-party funds account will be considered as discharging payment by the relevant User to the merchant.

6.1.2 | In the app, you can find your transactions in the transaction overview.

6.1.3 | Any balance may not be negative and will not bear interest. If there is insufficient balance for a proposed transaction, it will automatically not be executed and an alternative payment method must be used. After there is sufficient balance, e.g. through balance upgrade, the intended transaction can be requested again in the app.

6.1.4 | You can terminate your account at any time by deleting the app from your device. Before deleting the app, you still need to delete your account yourself. After termination of your account, your user account becomes inactive. The (personal) data will be kept by mobyyou in accordance with the applicable retention periods.

After the statutory retention period has expired, your User Account will be permanently deleted. Any remaining balance that you have not refunded will then be automatically returned to the bank account number known to us. If this known bank account number is no longer in use and the automatic refund is not possible, you shall - after 12 months - be deemed to have irrevocably and unconditionally waived any remaining balance and this balance shall automatically accrue to mobyyou as compensation for the administration, processing and safekeeping of the relevant funds and closing of the account (including ancillary costs) (which compensation shall be equal to the amount of the balance), and to the extent permitted as the owner and rightful claimant of the funds.

6.1.5 | To the extent that your balance is insufficient, and mobyyou is bound to pay the merchant's claim, the User hereby grants an irrevocable authorization to mobyyou to make up the deficit from the bank account provided by the user.

6.1.6 | Merchants may charge non-refundable prices (to the extent permitted by law) for certain products and services, making an order and related payment irrevocable and (sometimes) without possibility of refund. Therefore, please check the relevant terms and conditions of each product or service in detail before ordering or purchasing.

6.1.7 | To the extent necessary, the User hereby grants mobyyou an express power of attorney and authorization to collect any amount due for a transaction for, on behalf of and for the benefit of the Merchant(s) from the bank account via the agreed payment method (e.g. standing order or by card on file).

6.1.8 | You hereby agree that the Merchant and mobyyou shall be entitled to transfer any claim(s) against you to a collection agency to be specified and that any correspondence and communication by mobyyou and any agents engaged by it may take place through the app (including zone) and your cell phone number (for calls and SMS).

6.2 | Zones and services

6.2.1 | Through the app it is possible to become a member of merchant zones that allow you to enjoy the benefits and conveniences of the services and zones and any promotions and loyalty programs and within which the merchant can communicate with you. Any accrued loyalty rights are included in the merchants' zones. The merchant of the respective zone determines the conditions of the loyalty programs (for example, the validity period of an accrued discount) and is responsible for the implementation of the loyalty program, communication through the zone and promotions offered. mobyyou accepts no liability or responsibility for the activities within the zones of the merchants.

6.2.2 | The merchant is at all times responsible for the zone (including its content, products, services, promotions, offers and loyalty programs).

6.2.3 | The merchant may set conditions to promotions and loyalty programs such as for example the period of validity of an offer or of the accrued loyalty (points) (or credits of like kind). Accrued loyalty can never be paid out in cash.

6.2.4 | The terms and conditions set by the merchant are available for inspection through the area. The merchant may change or terminate a loyalty program without giving reasons (subject to a reasonable - by the merchant determined - deadline).

6.2.5 | A zone member is permitted at any time to immediately terminate his or her zone membership and leave the merchant's zone.

6.2.6 | If a Zone Member terminates his or her Zone Membership with the merchant's zone, any accumulated loyalty associated with mobyyou and/or the Services shall immediately expire. The zone member cannot claim "payment of this loyalty" in any form when leaving the zone. If the Zone Member wishes to redeem his accumulated loyalty, he must do so before leaving the Zone. After leaving the zone, the zone member will no longer receive communication from the merchant about offers and promotions and loyalty programs offered in the zone. The above does not apply to any loyalty credits that a zone member has accumulated through loyalty programs not supported and/or offered by mobyyou.

6.3 | Access and termination of account

6.3.1 | mobyyou bv may terminate the services it provides through the app. If mobyyou does so, mobyyou will give 1 month's notice.

6.3.2 | mobyyou has the right to deny or restrict access to the app, your account and the Services (including (customer) service) with immediate effect in the event of alleged or reasonably suspected fraud or abuse of any kind, non-compliance with applicable laws and/or regulations or other circumstances that - in mobyyou's sole discretion - reasonably justify taking these measures.

6.4 | Discounts, offers, too good to be true All special offers and promotions are labeled as such. If they are not labeled as such, you cannot derive any rights from obvious errors or obvious mistakes. Obvious mistakes, (printing) errors and/or when the error is an obvious blunder and you could have known in advance, are not binding.

6.5 | Liability mobyyou

6.5.1 | To the extent permitted by law, mobyyou shall only be liable for direct damages actually incurred, paid or suffered by you due to a demonstrable breach of our obligations in relation to the Services (for a single occurrence or for a series of occurrences that are related to each other). To the extent permitted by law, mobyyou's liability shall always be limited to a maximum amount of €500 (except in cases of injury or death).

6.5.2 | mobyyou accepts no liability or responsibility for the products and merchants. The merchant is at all times responsible for the products and the zone (including the content, products, services, promotions, offers and loyalty program).

6.5.3 | mobyyou shall not be liable for damages resulting from the use or misuse of the app or zone to the extent not attributable to mobyyou. Liability for any form of indirect, consequential, intangible and/or delay, damage or loss (including reputational damage, loss of income and goodwill compensation) is always excluded. mobyyou shall not be liable for any form of damage or loss caused by or at the risk and expense of the merchant (including its products or services), or damage resulting from force majeure (of any nature, cause or event or with any consequence whatsoever) that is reasonably beyond our control.

6.5.3 | mobyyou makes no (product/quality) warranties, assurances or recommendation regarding the zone(s), merchant(s) and/or its products and services.

6.6 | Applicable law and competent court

6.6.1 | The Terms (including the Services and the app) are governed by Dutch law. If the User is resident in a country other than the Netherlands, a natural person using our Services as a consumer (i.e. outside his business or professional activity) may rely on the mandatory provisions of the law of the country in which he is resident (i.e. provisions to be applied, in accordance with the choice of law rules of that country, irrespective of this choice of law for the Netherlands; hereinafter: mandatory provisions).

6.6.2 | All disputes arising out of these terms and conditions and our services shall be brought exclusively before the competent court in Amsterdam, the Netherlands. Notwithstanding the foregoing jurisdiction clause, a Dutch consumer may bring a claim before the competent court where he is domiciled, and a foreign consumer may bring a claim relating to the enforcement of relevant applicable mandatory provisions before the courts of the country and place where he is domiciled, and against a consumer may only bring a claim before the courts of the country and place where he is domiciled.