IMPORTANT INFORMATION: Please read this user agreement carefully. By using the Change Up app, you are agreeing to be bound by the following: (i) the current user agreement (the agreement); and (ii) the data protection guidelines issued by Change Up (the data protection guidelines). You can print off a copy as required or download the latest version of this agreement and the data protection guidelines at any time from the Change Up app.
1 Parties to this agreement
(a) This agreement is a contract between you as the user and Change Up Holdings Limited, an Australian company registered under number 612 559 958, represented by its Swiss subsidiary with an office in Zug (CHE-409.370.072). The company is a Swiss financial intermediary and a member of PolyReg which is a self-regulatory organisation.
(b) This agreement defines the terms and conditions of business which apply to the use of the Change Up app. The Change Up app refers to the Change Up application software which enables you as a consumer to transfer change from a transaction with a participating retailer electronically into a personal electronic wallet (a list of the retailers currently participating can be found in the Change Up app). This happens when a barcode is scanned in the Change Up app on your mobile phone. This agreement covers all related software solutions, modifications, amendments, updates, upgrades and all new versions of the Change Up app.
2 Term of this agreement
(a) When registering on the Change Up app, you are declaring that you agree with the terms and conditions stipulated of this agreement and that you are entering into it for an indefinite period.
(b) Both parties can terminate this agreement at any time and with immediate effect:
(i) If you would like to terminate this agreement or if you are no longer in agreement with the conditions of this agreement or the data protection guidelines, then you can close your Change Up user account at any time (i.e. an account which Change Up has specifically set up for you and which enables you to use the Change Up app). In doing so, you will terminate this agreement with immediate effect. You can ask us directly to close your Change Up user account. If you fail to specify one of the charities that we recognise or have registered (as described below in section 6(d) ) or if you fail to provide your personal bank account details (as described below in section 6(c) ) within 30 days after we have requested this information by email in order to transfer your remaining credit, you will irrevocably relinquish any right to have any credit that may remain on your account paid back to you.
(ii) We can restrict or suspend your access to your Change Up app or close your Change Up user account at our sole discretion for any reason and at any time, including in the event of a breach of this agreement and especially in the event of a violation of your obligations in accordance with section 6 of this agreement. We would inform you of this by notifying you directly. You acknowledge and agree that we can deduct the costs that have arisen as a result of your breach of the agreement from any credit that may remain on your account. If you fail to specify one of the charities that we recognise or have registered (as described below in section 6(d) ) or if you fail to provide your personal bank account details (as described below in section 6(d) ) within 30 days after we have requested this information by email in order to transfer your remaining credit, you will irrevocably relinquish any right to have any credit that may remain on your account paid back to you.
(iii) We will contact you by email if you have not used the Change Up app for 12 months. If you fail to specify one of the charities that we recognise or have registered (as described below in section 6(d) ) or if you fail to provide your personal bank account details (as described below in section 6(c) ) within 30 days after we have requested this information by email in order to transfer your remaining credit, you will irrevocably relinquish any right to have any credit that may remain on your account paid back to you.
3 Information about the Change Up app
The Change Up app enables you to transfer electronically to your Change Up user account any change that you receive when purchasing goods or services when you pay the purchase price in cash during a transaction with an affiliated retailer; you can then use this amount as described in section 6 below. When you use the Change Up app, we are granting you the exclusive and non-transferable right to install the Change Up app on your personal device and the right to use it in accordance with the terms and conditions specified in this agreement. All transactions are carried out in Swiss francs (CHF). You can find further information on the Change Up app directly in the app under the ‘Help’ section.
4 Creating your Change Up user account
(a) We create your Change Up user account on the basis of the information that you have provided when you use the Change Up app for the first time. When your Change Up user account has been created, you will be asked to select a PIN code which you must then enter. Your PIN code then enables you to access your Change Up user account. You are responsible for the security of your login details that enable you to access your Change Up user account. Change Up does not assume any responsibility for unauthorised access and use of your Change Up user account.
(b) You may only use the Change Up app if:
(i) your place of residence is in Switzerland;
(ii) you are at least 14 years old and, if you are under the required legal age, you must have obtained parental consent in advance;
(iii) you have a valid Swiss mobile telephone number; and
(iv) you have a valid and verifiable email address.
By concluding this agreement, you are assuring us that you are complying with all of these criteria.
(c) You are authorising us to carry out research, if necessary, directly or via third parties which may be required to verify your identity.
(d) All information which Change Up may need to obtain about you will be used, transmitted and stored in accordance with the data protection guidelines specified in the Change Up app.
5 Your obligations towards us as a holder of a Change Up user account
As the holder of a Change Up user account, you agree that you are obliged to comply with the following:
(a) to give us correct, complete and clear information;
(b) in the event of any changes to your personal details, to update this information immediately in the ‘Personal Data’ section in the Change Up app or to inform us by email at (email@example.com);
(c) to provide us with conclusive documentary evidence as proof of your identity upon request within a maximum of 2 weeks after we have requested it;
(d) to guarantee to us that you will not use your Change Up user account or the Change Up app for illegal, improper or unauthorised activities;
(e) that you will cooperate with us fully in order to uncover or investigate any suspected illegal, improper or unauthorised activities on your Change Up user account and you will provide us with information upon request which is relevant to ensure that regulatory requirements are complied with;
(f) to not permit other people to use your Change Up user account and to not give the login details to your Change Up user account to anyone else;
(g) to not use any technology (equipment, software or hardware) which could damage, disrupt or interrupt the Change Up app;
(h) to inform us immediately if you suspect or know that your Change Up user account has been used to carry out an unauthorised transaction or for any other improper activity which violates the security rules, or if the user account has been taken over by third parties, or if the device on which you use the Change Up app has been stolen or lost; and
(i) to check each transaction, including the credit balance on your Change Up user account and to inform us immediately if there are any discrepancies.
6 Use of your credit on the Change Up user account
When you accumulate credit on your Change Up account from change you have accrued, you then have a corresponding claim against us (credit). You can check your credit balance at any time directly in the Change Up app. No interest is paid on your credit balance.
You can use your credit in the following ways:
(a) You can leave the credit that has accumulated from change received from one or several transactions carried out with an affiliated retailer on your Change Up user account.
(b) You can use the credit on your Change Up user account to pay for a purchase at one of the affiliated retailers.
(c) You can transfer the whole credit balance or a part of it from your Change Up user account to your personal bank account. So that we can complete this transfer, you need to provide us with the following information in the Change Up app: your full name, your address and your personal bank account’s IBAN and BIC numbers. You will be prompted to provide this information in the Change Up app in order for the credit to be transferred to your personal bank account and this will then also be stored in the Change Up app. In doing so, you are confirming that you accept that the credit transfers from your Change Up user account are only permitted into your personal bank account.
(d) you can donate the full credit balance or a proportion of it to a recognised, registered charity which you can select from a list in our app.
If the transaction is not completed, the amount in question will be credited again to your Change Up user account minus the charges that are levied. We will inform you if the transaction fails and let you know why it could not be performed if possible.
7 Applicable charges and fees
(a) As a basic principle, the Change Up app can be used free of charge. Change Up only charges you fees amounting to 0.30 CHF per transaction to carry out transfers from your Change Up user account to your personal bank account. Change Up reserves the right to introduce new charges after we have given notice of our intention to do so or to adjust the current charge at a later date.
(b) You hereby understand and agree that Change Up charges third parties fees (e.g retailers, charities that we recognise and have registered, companies that collaborate with us or are connected with us or other third parties) based on your claim against us (credit) and accepts and withholds payments, including interest payments. You hereby confirm that you will waive these charges and payments and that you will not demand payment of them yourself.
8 Credit balance limit
(a) The maximum amount of credit you are permitted to have on your Change Up user account at any time is CHF 300.
(b) The maximum total of all transactions permitted (encompassing both credits on your Change Up user account and debits from your Change Up user account resulting from payments) is CHF 5,000 per year. The first year begins on the day that you register on the Change Up app. Each subsequent year begins on the same day of the following year.
(c) We reserve the right to also set additional limits on a personal basis and without prior notice.
(d) If a limit below (a) – (c) is reached, the Change Up app will notify you accordingly or send you a warning to alert you that further transactions will no longer be possible. Any attempts to circumvent the limits, e.g. by the same person using more than one Change Up user account, will cause us to block your Change Up user account as well as the telephone number(s) used in the Change Up app and may lead to further legal action.
9 Risks and liability
(a) Change up is committed to maintaining the security of any personal data and will do everything possible to ensure that your privacy is protected as effectively as possible. You hereby acknowledge that using the Change Up app can still entail certain risks, e.g. disruptions to the system, which may possibly result in delays, incorrect transfers or deletions, or misuse of data by third parties.
(b) We can immediately disable your user account should there be evidence of misuse, fraud or similar, or if legislators direct us to do so. You hereby agree to accept these risks and to absolve us from any liability in this regard. We can – at any time and without notifying you in advance – change the way that the Change Up app functions and completely suspend the operation of the Change Up app or disable the Change Up app so that you are unable to use it. In this case, section 2(b) (ii) applies with respect to the use of the credit balance.
(c) We cannot guarantee the suitability and functioning of the Change Up app. We cannot guarantee continuous, uninterrupted or secure access to the Change Up app. We can suspend the Change Up app system without giving you prior notice, e.g. for maintenance work. If possible, we will inform you in advance of any interruptions in the system.
(d) We cannot accept any liability for damage unless it was caused deliberately by us or is attributable to gross negligence on our part. In this event, we are liable for the amount of credit on your Change Up user account at the time of the claim for damages. In particular, any liability for damages which have been caused due to incorrect transmission, due to force majeure, technical faults, lack of internet connection or similar, shall be excluded to the extent permitted by law.
(e) You are liable for any damages that result from your own conduct. We especially do not accept liability for the loss of credit on your Change Up user account, if your Change Up user account has been misused and/or if the device on which you use the Change Up app is stolen insofar as you fail to report such an occurrence to us.
(f) We do not have any kind of influence on goods and services acquired from a retailer and we are neither responsible nor liable for this. You also confirm that you are aware that we are neither responsible nor liable for the offers or services offered in return by a retailer in connection with the use of your Change Up app.
10 Intellectual property
(a) Our website (www.changeup.com) and the Change Up app and all content on our website and the Change Up App are the exclusive property of Change Up. Information provided on our website and on the Change Up app are for information purposes only and we reserve the right to make changes to this information (without notifying you of this in advance).
(b) You are not permitted to copy, imitate, modify, amend, supplement or use the URLs that constitute our website without our prior written permission. This also applies to content, logos, images, icons etc. and any other content we have published on our website, the Change Up and other printed media.
11 Transfers, assignments and outsourcing
(a) You are not permitted to transfer or assign any rights or obligations from this agreement without our prior written permission.
(b) We are able to transfer or assign this agreement and our rights or obligations from this agreement to third parties or to one of the companies affiliated to us in Switzerland or abroad, as well as outsource business operations or services to them. Should your rights or obligations arising from this agreement be directly and significantly affected, we will notify you of this in advance. The data protection guidelines apply with respect to data protection.
12 Communication with you
(a) You will receive this agreement and future agreements, notifications or other communication relating to your Change Upuser account and/or the use of the Change Up app via electronic means.
(b) You agree that you will receive all information from us in electronic format. We send these communications via our website, the Change Up app and/or via email or SMS.
(c) You agree to allow us (or third parties who provide services on our behalf) to monitor and/or record telephone conversations or electronic communications where appropriate for quality control and training purposes and to protect Change Up. Change Up does not guarantee that monitoring or recording of this kind will be stored or retrievable.
13 Communication with us
You can select whether you would like to communicate with us electronically (via the ‘contact’ tab in the Change Up app) or by post at the following address:
Change Up Holdings Limited, Melbourne
Subsidiary office in Zug
14 Complaints against and disputes with retailers
If you have a complaint against a retailer or a dispute has arisen between you and a retailer, you must contact this retailer directly to settle the matter.
15 Changes within this agreement
Change Up can add to, amend or supplement this agreement at any time. Changes are available immediately in the latest version of this agreement that is published on the Change Up app under ‘user agreement’. For this reason, you should ensure that you regularly refer to the Change Up app to check if there are any possible amendments. If we intend to make any significant changes to this agreement, which will have a substantial negative influence on the way you use the Change Up app, we will make you aware in advance of this change/these changes in the Change Up app. This will then obviously give you the opportunity to terminate the agreement with immediate effect if you do not agree with the changes. However, if you want to continue using the Change Up app and do not object to the changes that are made to this agreement, you are automatically agreeing to these changes.
16 Severability clause
Should a provision of this agreement or a subsequent amendment be found to be invalid or illegal, this shall not affect the validity of the remainder of this agreement. The parties shall undertake to replace the ineffective provision with an effective one which corresponds as closely as possible to the desired purpose of the ineffective provision and which comes closest to creating the contractual balance the parties are aiming to achieve. This also applies to all possible loopholes in the agreement.
17 Applicable law and jurisdiction
Substantive Swiss law is applied exclusively to this agreement. The courts [Zug/Zürich] are responsible for any disputes arising from this agreement or that are connected to this agreement, including those that relate to the existence or validity of this agreement. Any possible divergent mandatory places of jurisdiction remain unaffected.