Table of contents
1. Scope of validity
3. Registration for usage and conclusion of contract
4. Usage rights and content of contract
6. Warranty and liability
7. Obligations of the user
8. Duration and termination
1. Scope of validity
1.1 These General Terms and Conditions of Usage (hereinafter referred to as ANB) apply for all legal relationships between café+co International Holding GmbH or café+co Österreich Automaten-Catering und Betriebsverpflegung Ges.m.b.H. (hereinafter referred to in each case as café+co) on the one hand and the user of the Smartpay app (hereinafter referred to as user) on the other. They therefore apply for all content, functions and other services that are provided to the user via the Smartpay app.
1.2 With the registration of the user for the Smartpay app according to point 3, the user agrees to the validity of these General Terms and Conditions of Usage and a contract is concluded between café+co and the user regarding the usage of the Smartpay app (hereinafter referred to as “contract”) according to point 4.
1.3 Solely users over the age of 18 are entitled to use the Smartpay app. This also applies for participation in the bonus programme.
2.1 café+co provides a software for mobile terminals (within the framework of these General Terms and Conditions of Usage referred to as Smartpay app).
2.2 When paying using the SmartPay app at appliances in the territory of the Republic of Austria, the user of the Smartpay app receives so-called “Coffeepoints” (hereinafter referred to as Coffeepoints). “Payment using the SmartPay app” means in particular the purchase of items at a vending machine, whereby the credit account (a so-called digital wallet) is used as the method of payment and this has to be topped up by the user accordingly. A credit card from VISA or Mastercard is usually used as a method of payment for this “top-up process”. However, café+co reserves the right to add further methods of payment at a later point in time. The CoffeePoints are saved in the Smartpay app and can then be redeemed by the user solely for offers (hereinafter referred to respectively as offer and jointly as offers) that have been published via the Smartpay app within the framework of the café+co bonus programme (hereinafter referred to as bonus programme) if the user has registered for the bonus programme. This redeeming of the Coffeepoints in the bonus programme within the framework of the Smartpay app is done at the respective terms and conditions of the respective provider (hereinafter provider) of the respective offer. A redemption of the collected Coffeepoints for cash is excluded.
2.3 Coffeepoints expire in each case after 2 years to the respective end of the quarter. This deadline of 2 years is calculated from the receipt of the respective Coffeepoints. The user will be notified of this expiry of his or her respective Coffeepoints at the latest 30 days before the respective end of the quarter.
2.4 If the user has registered for participation in the bonus programme, the user retains at any rate a points level of 50 Coffeeoints despite an expiry pursuant to point 2.3.
2.5 For digital payment instruments and for contract conclusions with the respective providers, separate contracts are to be concluded between the user and the respective payment service provider or providers that regulate the legal relationship between the user and the payment service provider.
3. Registration for usage and conclusion of contract
3.1 Requirements for the usage of the SmartPay app according to point 4 are: 3.1.1 Download and installation of the Smartpay app on the user's mobile terminal that has the following operating systems: Apple iOS from version 13 or Android from version 8 (technical status: January 2021): 3.1.2 Registration of the user in the Smartpay app according to point 3.3.
3.2 In this connection, it is explicitly pointed out that the technical minimum requirements for the usage of the Smartpay app can change at a later point in time. In particular, when certain series of appliances or versions of operating systems are no longer supported by the manufacturer or software adjustments of the appliance manufacturers also lead to a changed scope of functionality in the Smartpay app. In this case, the need for an update will be pointed out to the user in a timely manner.
3.3 The registration for the Smartpay app will be concluded as follows:
3.3.1 Creation of a user account by providing an e-mail address and a password. In addition, there is also the option of using the log-in data of a third-party provider account from e.g. Apple, Google or Facebook. Other information is voluntary but can be necessary for participation in competitions or in the bonus programme of café+co.
3.3.2 Consent from the user to the General Terms and Conditions of Usage that can be viewed or retrieved both before and after the conclusion of the contract in the respectively current version in the Smartpay app as well as on the website of café+co at https://www.cafeplusco.com/en/terms-of-use-smartpay-app.
3.3.3 Consent from the user to the data privacy provisions of café+co (data privacy statement) that can be viewed or retrieved both before and after the conclusion of the contract in the respectively current version in the Smartpay app as well as on the website of café+co at https://www.cafeplusco.com/en/service/product-service/payment-systems/app-data-privacy-statement....
3.3.4 Consent from the user that changes in the General Terms and Conditions of Usage or the data privacy statement can be sent by e-mail and that these changes apply for the user at the point in time when the new General Terms and Conditions of Usage and the data privacy statement are accepted.
3.4 café+co is entitled but not obligated to check the registration of a user and to reject it for good cause (e.g. when the information provided by the user is obviously incorrect).
3.5 The respective data are to be provided in full and correctly by the user. Subsequent changes to the user’s data are to be made immediately in the user’s account by the user himself/herself.
3.6 The user will be notified of the successfully completed registration by a confirmation to the last notified e-mail address.
3.7 The contract to use the Smartpay app is concluded between café+co and the user in a legally valid manner when the confirmation according to point 3.6 is received.
3.8 The user account is personal and not transferable to third parties.
3.9 The user data will be processed and saved by café+co itself or by a contract processor of café+co but not shared with third parties under any circumstances. Further details can be found in the data privacy statement that can be retrieved on the website of café+co.
4. Usage rights and contractual content
4.1 The usage of the Smartpay app is possible after receipt of the confirmation by e-mail from café+co regarding the successfully completed registration according to point 3.6.
4.2 The user can then
4.2.1 change his or her respective data in the respective user profile of the Smartpay app;
4.2.2 pay at appliances of café+co in the Republic of Austria in contact and cashless form;
4.2.3 add, delete, display and use payment methods in the Smartpay app (if available);
4.2.4 collect Coffeepoints when paying with the Smartpay app and - if the user has also registered for this - redeem Coffeepoints in the bonus programme.
4.3 In individual cases, café+co can “book” additional Coffeepoints (e.g. in the form of a “starting balance”), however, the user does not have a right to this.
4.4 The user is granted the simple, non-exclusive, non-transferable and non-sublicensable right restricted to the term of this contract to use the Smartpay app in the respectively current version (i.e. plus updates) in compliance with these General Terms and Conditions of Usage for own, non-commercial and non-industrial purposes.
4.5 The user is not entitled to change, copy, publish, or duplicate the Smartpay app or to process or utilise it otherwise, in whatever way or form; in the event of an infringement of this regulation, claims, in particular claims for compensation and cease-and-desist may be filed by café+co.
4.6 The use of the Smartpay app for purposes other than those that are set out in these General Terms and Conditions of Usage is not permitted. In the event of such impermissible usage or impermissible usage by third parties, claims for compensation and cease-and-desist may be filed by café+co.
Costs in connection with the installation and usage of the Smartpay app (e.g. costs that are caused by the mobile communication data connections at the respective network operator) shall be borne by the user.
6. Warranty and liability
6.1 The statutory regulations regarding warranty remedies apply.
6.2 café+co does not assume any warranty for it being possible to use the Smartpay app securely and without interruption or error and for the offers of the providers pursuant to the Smartpay app or the bonus programme being correct and complete.
6.3 café+co does not assume any liability for content of links to external websites in the Smartpay app (such as links to the page of the providers). In all cases, the respective provider is responsible for content of external websites and the latter is also liable for this.
6.4 café+co is not liable for the content of the respective offering that is published by the respective provider in the Smartpay app and is also not obligated to check it in this regard. The contract regarding an offering is concluded solely between the provider and the user. café+co does not incur any obligation from this in any way.
6.5 café+co is not liable for damage that arises from an improper or unauthorised usage or utilisation of the Smartpay app or other harmful actions by the user or by third parties.
6.6 café+co is not liable for the temporary downtime of the Smartpay app as the result of technical faults, maintenance work or for other reasons (in particular due to force majeure) or for the temporary impairment of functions in the Smartpay app.
6.7 Unless this breaches mandatory law and unless otherwise regulated in these General Terms and Conditions of Usage, café+co is only liable for the compensation of damage that café+co has caused in a grossly negligent or intentional manner. This limitation in liability, however, does not apply for the compensation of personal injury.
7. Duties of the user
7.1 The user is obligated in particular
7.1.1 to the lawful and contractually compliant usage of the Smartpay app in compliance with the General Terms and Conditions of Usage;
7.1.2 to protect his or her access to the Smartpay app against unauthorised usage by third parties and not to disclose his or her password;
7.1.3 to update changes in his or her contact details in the Smartpay app settings immediately.
8. Duration and termination
8.1 The contract starts to run with the conclusion of the registration process according to point 3. and is concluded for an indefinite period of time.
8.2 Ordinary termination of the contract by the user and café+co is possible at any time. Terminations can be done in writing or by e-mail to the address or e-mail address last notified to the other party to the contract. The termination becomes legally valid with the receipt by the respectively other party to the contract. With the legal validity of the termination of the contract, the Coffeepoints collected by the user and not redeemed automatically expire. This applies irrespective of the provisions regarding expiry pursuant to points 2.3 and 2.4 above. Any credit in the credit balance will be refunded to the user in the event of a termination of the contract to a bank account of the user. The requirement for this refund is the return of the correspondingly completed and signed form of café+co provided to the user, including a copy of valid photo ID.
8.3 The deletion of the Smartpay app by the user is possible at any time. The deletion of the Smartpay app, however, does not result in a termination of the contract - and thus in particular not in a refunding of existing credit balance nor in an automatic expiry of Coffeepoints. Instead, the credit balance plus collected Coffeepoints remains in the respective user account for the time being.
8.4 If there are no movements on the user’s credit balance over a period of 12 months, café+co explicitly reserves the right to retain an appropriate administrative fee after timely prior notice. “Movement on a credit balance account” in this context means in particular the topping up of the payment method (“digital wallet”) and the purchase of products via the means of payment.
8.5 If a user account whose credit balance does not show any positive balance is not used over a period of 36 months, café+co explicitly reserves the right to deactivate the user account concerned (including the respective credit balance account without a positive balance) after timely prior notice. In this context, “usage” of a user account means in particular the usage of the functions provided in the Smartpay app.
9.1 The language of contract is German.
9.2 All declarations can be done in a legally binding manner in writing or by e-mail to email@example.com unless another form is stipulated as mandatory by law or it is otherwise regulated in the General Terms and Conditions of Usage. There are no verbal side agreements. The written form requirement also applies for amendments, rescissions or a waiver of the compliance with this point 9.2.
9.3 Solely Austrian law applies, under the exclusion of the conflicts of laws norms of international private law (e.g. IPRG, Rome I Regulation, etc.) and the UN Convention on Contracts for the International Sale of Goods (CISG).
9.4 Unless this conflicts with a mandatory statutory norm (e.g. If no mandatory consumer place of jurisdiction is applicable), the court materially responsible for the first Vienna municipal district has jurisdiction for all legal disputes.
9.5 If a provision should be or become ineffective, invalid or unenforceable, this will not affect the effectiveness, validity or enforceability of all other provisions. In the event of such an ineffectiveness, invalidity or unenforceability, an effective, valid or enforceable provision that comes closest to the respective provision in its commercial outcome as much as possible is deemed to be agreed. The same applies to gaps in the contract.
Do you have any questions?
If you have any questions on the SmartPay app, please do not hesitate to contact us by mail at firstname.lastname@example.org.
If a problem should occur with one of our appliances, our customer service will be pleased to assist you further.
Mon.-Fri.: 7.30 am until 5.00 pm, on the telephone number: +43 05 05 200-12.