Funanga Ltd, 36 Old Jewry Becket House, London, EC2R 8DD, United Kingdom (hereinafter “Funanga”) operates the mobile application “CashtoCode”, via which end customers use digital vouchers for the procurement of goods (e.g. for online games) or can purchase the provision of a service (hereinafter referred to as the “end customer app”). These digital vouchers are purchased through Funanga sales partners or payment partners or through Funanga itself (both hereinafter referred to as “POS”).
Scope
- These general terms and conditions (hereinafter “GTC”) apply exclusively to the use of the end customer app. The use of the end customer app is only permitted to adult consumers and entrepreneurs (consumers and entrepreneurs hereinafter collectively “users”). Consumers are natural persons who conclude a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
- General terms and conditions of users do not apply. Funanga reserves the right to offer additional services. In this case, Funanga will notify users of this separately and, if necessary, transmit additional general terms and conditions.
- These terms and conditions are also provided on https://www.funanga.com/agb.html so that the user can read, download and save them locally.
- The subject of the contract is the free provision of the end customer app by Funanga for the mediation of digital vouchers. Using the end customer app, Funanga advertises the vouchers issued by the participating retailers (hereinafter referred to as “merchants”) and informs the user about POS locations where the desired voucher is available using a QR or barcode or another coding (hereinafter referred to as “product code”). ) can be obtained. The vouchers also contain electronic codes provided by the merchants to Funanga. After purchasing the voucher by contract with the POS, Funanga sends the code to the end customer on behalf of the POS via the end customer app. The latter can then call up the purchased vouchers via the end customer app and redeem them for the purchase of certain products or services from the merchants. The activity of Funanga is limited to the sale of the voucher selected by the user to the POS and the mediation of the sale of the voucher from the POS to the user. There is no contractual relationship between Funanga and the user regarding the purchase of the vouchers. Unless Funanga Ltd itself as a POS.
- The subject of the contract is exclusively the object code of the end customer app for the available operating systems. Which operating systems the end customer app currently supports can be found at http://cashtocode.de. The source code is not part of the contract.
- Funanga can provide free updates for the end customer app in the respective store for mobile apps, which can change the functional scope of the end customer app. The exact system requirements and the full range of functions owed by such updates and the updated version of the end customer app can be found in the product and update description in the respective store for mobile apps.
- The end customer app is available 24 hours a day and 365 days a year with an availability of 95% on average (hereinafter “SLA”) (“system runtime”). If maintenance work is required and the end customer app is therefore not available, Funanga will inform users of this in good time if possible by email (or equivalent, e.g. on the Internet or in the app, etc.). Failures of the end customer app due to maintenance work are not counted towards the SLAs. Funanga is not responsible for internet / network-related downtimes and in particular not for downtimes in which the end customer app does not have any due to technical or other problems that are beyond Funanga’s sphere of influence (e.g. force majeure, etc.) Internet can be reached.
- The end customer app can be downloaded for free in stores for mobile apps. The contract is concluded when the user clicks on the “Install” button on the product description page and, if applicable, enters his or her password.
- The user can, but does not have to register to use the service through the corresponding function of the end customer app. If he decides to register, the required data must be given truthfully and updated immediately in the event of changes in order to ensure smooth use. Following registration, Funanga will send the user a confirmation of the registration by email. Only after receipt of this email and confirmation of receipt of the email by clicking the corresponding link (double opt-in) is the registration process completed and a usage contract is concluded. There is no entitlement to the conclusion of a usage contract.
- The user is responsible for keeping the registration data confidential. He will keep his user name and password for access secret, will not pass them on, will not tolerate or allow unauthorized parties or third parties to take note of them, and will take the necessary measures to ensure confidentiality and, if this information is misused or lost or Funanga suspected, E -Mail us at the email address support@funanga.com.
- Funanga offers the vouchers issued by the merchant on the end customer app in foreign names for purchase and provides information on the nearest POS where the selected voucher can be purchased. Funanga can also sell vouchers in its own name and for its own account. In this case, Funanga uses the POS or a payment service provider to give the user the opportunity to pay for his purchase at Funanga.
- Funanga also publishes the product codes. They do not already entitle you to purchase a service, but enable the user to specify a specific voucher at the POS in order to conclude a contract with the POS or Funanga to purchase this voucher.
- After the product code has been sent to Funanga by the POS, Funanga buys the digital vouchers from the merchants in its own name and for its own account and sells them on to the POS so that the voucher can then be sold to the user no contracts for the purchase of the voucher. If Funanga sells the voucher directly to the user, a contract is concluded between the user and Funanga for the purchase of the voucher.
- With the information about the receipt of money at the POS, Funanga transfers the ownership of the voucher to the user on behalf of the POS, in that Funanga sends the voucher in the form of a code to the end customer immediately after the information about the receipt of money via the end customer app. If Funanga sells the voucher in its own name and for its own account, Funanga transfers ownership of the voucher directly to the user.
- Funanga grants the user a non-exclusive (simple), non-transferable, non-sublicensable right limited to the country of the user’s usual place of residence, the end-user app including the documentation and user instructions contained in the end-user app for the duration of this contract to use for the purposes of this contract. The user may only download and use the end-user app on smartphones that are linked to the ID used for the purchase in the respective mobile app store.
- The user is only permitted to reproduce the end user app to the extent necessary for the contractual use of the end user app. The user may not make the end-user app accessible to third parties, rent it out or let it free for a limited period of time. All rights not expressly granted are reserved.
- For the free use of the end user app, Funanga’s liability is limited to intent and gross negligence or lack of a guaranteed property. In the event of intent, Funanga is liable in full, in the event of gross negligence and the lack of a guaranteed property, liability is limited to the amount of typical and foreseeable damage. Any further liability is excluded.
- Additional functions subject to charge The use of extended functions made available in the future may be subject to a charge. Funanga is liable for additional services provided against payment as follows: Claims for damages by the user are excluded. This does not apply to claims for damages by the user arising from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Funanga, its legal representatives or vicarious agents . Cardinal obligations within the meaning of these General Terms and Conditions are those obligations that enable the proper execution of the contract and the achievement of its purpose, and which the user can therefore regularly rely upon. Funanga is only liable for the foreseeable damage typical for the contract if this is violated was caused simply negligent, unless it concerns users’ claims for damages from injury to life, limb or health.
- Claims under the Product Liability Act remain unaffected.
- The contract for the use of the end user app is concluded for an indefinite period.
- The user can terminate the contract at any time by uninstalling the end user app. Data that is not exported will be lost.
- Funanga can terminate the license agreement in writing with a notice period of 7 days (email is sufficient).
- The (immediate) termination for an important reason remains unaffected.
- Right of withdrawal
- The end customer app and the vouchers sold directly by Funanga to the end customer are not suitable for return due to their nature, so that there is no right of withdrawal in accordance with Section 312d (4) No. 1 BGB.
- Funanga is entitled to change and adapt these terms and conditions during the term of the contract with future effect. Funanga will send the changed GTC to the user in text form before the planned entry into force and will particularly point out the new regulations and the date of entry into force. At the same time, Funanga will give the user a reasonable period of at least six weeks to declare whether he accepts the changed terms and conditions for further use of the services. If no explanation is given within this period, which begins to run in text form upon receipt of the message, the changed GTC shall be deemed to have been agreed. At the beginning of the period, Funanga will inform the user separately of this legal consequence, i.e. the right to object, the time limit for objection and the importance of silence. This change mechanism does not apply to changes in the main contractual obligations of the parties.