Terms of Use and Legal Information

August 2016


Agreement

Please read the following terms of use and legal information (hereinafter "Terms of Use") carefully. By using the e-vending Mobile App (hereinafter "e-vending app") of MICROTRONIC AG, Dünnernstrasse 32, Oensingen, Schweiz (the "MICROTRONIC") and with the access to the e-vending website (hereinafter "e-vending website") of MICROTRONIC, you declare that you have understood the following terms of use and agree to. Any special agreements with respect to individual services or products of MICROTRONIC come beside these Terms of use; the special agreements have priority in case of contradictions, however.

The present terms of use may be subject to modification or updated without notice. Any change / update will be published here.


Target Audience and Minimum Age Policy

The e-vending app is intended for consumers who want to use convenient mobile payment to purchase items from vending machines serviced by MICROTRONIC. A consumer account must be registered  when starting the e-vending app for the first time. The account can be revalued with cash, PayPal and credit cards. The e-vending website is intended for the same consumers to manage their account online with all the online services provided by the e-vending website.

Our Services are not directed to consumers under 13. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.


Refund and Cancellation

When purchasing vending items with the e-vending app the purchasing amount will be refunded free of charge in case of incorrect product dispense of very poor product quality. All refunds are listed separately in the transactions history.

A cancellation is defined as termination of using the e-vending app and e-vending website services of MICROTRONIC resulting in the deletion of the consumer’s account(s). The consumer’s right to a refund is limited. A €30.00 cancellation fee will apply per deleted consumer account.


Intellectual property of the e-vending website, e-vending app, Trademarks and Copyrights

The entire contents of e-vending website and e-vending app as copyright, trademark and other rights of which, unless otherwise stated, exclusively and in its entirety MICROTRONIC AG. The various company logos of MICROTRONIC include MICROTRONIC. PayPal, Visa, MasterCard and the names and their logos are also registered and protected trademarks owned by these third parties.

No part of the e-vending website and the e-vending app is designed so that any license or right to utilize a picture, registered mark or logo. Saving or printing individual pages and / or sections of the website is permitted provided that neither the copyright marks nor other legally protected designations are removed. When downloading or copying the e-vending website or e-vending app or parts thereof, no rights relating to software are transferred. The (complete or partial) reproduction, transmission (electronically or by other means), modification, linking or use of e-vending website or e-vending app for public or commercial purposes is prohibited without prior written consent of MICROTRONIC AG. All property rights remain with MICROTRONIC AG. MICROTRONIC AG reserves all rights in respect of all elements of the e-vending website and the e-vending app.


No confirmation or warranty

Although MICROTRONIC all diligence to ensure that the information contained in the e-vending website and in the e-vending app remain correct, neither MICROTRONIC nor its contractual partners, whether explicitly or implicitly, are able to assure or guarantee the accuracy, reliability, timeliness or completeness of the information.

MICROTRONIC accepts no responsibility and makes no confirmation to the effect that the functions on the e-vending website and the e-vending app will be uninterrupted or that the e-vending app and e-vending website or the corresponding server are free of viruses or other harmful components.


Privacy / Data security

To MICROTRONIC data protection has a very high priority. Personal data will be treated confidentially. MICROTRONIC recalls in this context explicitly to the various provisions for the use of Online Services and the rules governing the use of e-vending mobile app for smartphones.

Please note that data that is transported over an open network such as the Internet or e-mail, may be accessible to everyone. MICROTRONIC cannot guarantee confidentiality of any communication or material transmitted via such open networks. If you transfer personal data over an open network, you should be aware of the fact that third parties can potentially access this information and collect these consequently without your consent and use. Under certain circumstances, third parties can thus draw conclusions about your existing or future consumer profile. Even if the sender and the recipient reside in the same country, the data transfer between them is often performed via third countries, ie including countries which may not have the same level of data protection as your country of residence.

In order to achieve best data protection on the Web all data transfer of confidential / personal information between your browser and the e-vending web server and between the e-vending app and e-vending application server are encrypted (SSL with currently 2048 bit encryption - the most usual www-security standard).

Furthermore, be aware of the risk of viruses and the possibility of targeted attacks by hackers. For best virus protection, it is recommended that only latest versions of browsers are used and that constantly an updated virus softwareis  installed and no e-mails of unknown origin or unexpected attachments to e-mails are opened.


Recording of user behavior

When you visit the e-vending website no IP addresses and no usage data is collected, which could capture the usage behavior of visitors of the e-vending website and each visit duration.On the e-vending website no cookies technology is applied. A cookie is a file of information that leads through storage on the hard disk that your computer is recognized in subsequent visits of the e-vending website. To use the e-vending website you can therefore disable in your browser settings, the use of cookies easily.


Google tools and services

On the e-vending website no Google tools such as Google Analytics, Google AdWords, Google Remarketing or Google Tagmanager are used. These "Google tools" would serve to capture the usage behavior of website visitors and to permit of tailored promotional offers. These Google tools use the so-called "cookie technology", which records the behavior on the website and submitted to Google for evaluation. The IP address can be reduced by the number of digits by Google on behalf of the client.


Social Media Buttons

No functions (plug-ins) of third-party suppliers or of social media platforms (facebook, twitter, google+ hereinafter "Social networks or third party") respectively are included on the e-vending website and in e-vending app. This means that no data is transmitted to the relevant third party. These plug-ins will allow you to share content in the aforementioned social networks.


Links to other websites

On the e-vending website no links are provided to other websites. By activating a link you may leave the e-vending website and be directed to a third party website. The MICROTRONIC has no control and no responsibility over the linked website and over the content of these third party websites or other websites that are connected to the e-vending website. Establishing the link or consultation of such third party websites is entirely at your own risk. For embedding a link on another website to e-vending website the written consent of MICROTRONIC must be obtained.


Disclaimer

Any liability of the MICROTRONIC (including liability for negligence) for (direct or indirect, immediate or postponed) damage or loss of any kind arising from the access to the elements of e-vending website or its use or the inability to access or to use these tools, the contact via Internet or by email with MICROTRONIC or from the links to other websites / third party websites or from accessing links to third party websites, is excluded. MICROTRONIC rejects also any liability for manipulations to the IT system of the Internet-user by unauthorized persons.


Local legal restrictions

The e-vending website and the e-vending app are not intended for distribution or use by any person in any jurisdiction with limitations or any restrictions accessing the website and the app or distribution, publication or use of the information contained in the website or the app (because of that person's nationality, residence or prohibition for other reasons). The access to the e-vending website and the use of the e-vending app is not permitted for such people who are subject to such restrictions. They are requested to keep away from accessing the e-vending website or using the e-vending App.


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Conditions for the Use of e-vending App Services

Simple App Services

MICROTRONIC provides via smartphone app (hereinafter called "e-vending app") accessible services (hereinafter called "Simple App Services") to its consumers, in particular:

- displaying account balance;
- mobile payment at vending machines;
- receiving electronic receipt of each transactions;
- reloading consumer account with cash at vending machines;
- displaying history of transactions;
- upgrading consumer account with personal information.


Advanced App Services

MICROTRONIC provides via smartphone app (hereinafter called "e-vending app") accessible services (hereinafter called "Advanced App Services") to its consumers, in particular:

- displaying account balance;
- mobile payment at vending machines;
- receiving electronic receipt of each transactions;
- revaluating consumer account with cash at vending machines;
- displaying history of transactions;
- revaluating consumer account with credit card on the go;
- automatic reload with credit card when account balance falls below minimal amount;
- sharing consumer account with friends and relatives;
- receiving startup credit;
- receiving promotional credit;
- receiving messages about product promotions;
- managing personal information;
- showing terms of use;
- changing app language.


Sign up / registration

Consumers can sign up for free via e-vending app to use the App Services of MICROTRONIC. When registering, the consumer has the choice to remain completely anonymous to use Simple App Services or to create a consumer account by entering personal information to use Advanced App Services.

For Advanced App Services an individual user name, a password and a valid e-mail address and other information as e.g. birthday need to be entered. Depending on the security setting a further email validation might be performed for the final activation of the consumer account.


Use of access data

The access data (user name, password) of a new consumer account to use Advanced App Services are also valid for the use of Online Services via a web browser.


Use of the Advanced App Services

After successful activation of a new account the consumer can log in to the e-vending app with his user name and password to view e.g. his account balance and all transactions. The realised  transactions with MICROTRONIC are updated in real time and can be viewed immediately.

The App Services will continuously be enhanced. Any new version will be released  on the App Store or Google Play Store and it will be available to consumers for free download.

Despite outmost care of MICROTRONIC to provide secure services the use of App Services will always have certain risks. The consumer accepts these risks regarding e.g. data security during data transfer and the transfer of personal data to third parties within home country and abroad. The consumer respects relevant due diligence all times to protect sensitive data (incl. map data) and thus to best ensure safety.


Confidentiality user name, password

The login information may be disclosed to those persons with whom the account balance and the App Services are intended to be shared such as family members, friends, etc.

The consumer agrees to carefully store the user name and not to disclose to unauthorized third parties. Passwords and any other means of identification must be kept secret, neither to record nor to pass even in encrypted form to unauthorized third parties. Passwords must not consist of easily identifiable combinations such as telephone numbers, dates of birth, car registration, name of consumer etc.. In the event of non-compliance with these provisions by the consumer MICROTRONIC declines any responsibility including any resulting adverse consequences.


Changes

MICROTRONIC reserves the right to modify these rules for the use of App Services at any time.


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Conditions for the Use of e-vending Online Services

Online Services

MICROTRONIC provides the following services (hereinafter called "Online Services") to its consumers via secure Web browser connection (SSL):

- displaying account balance;
- displaying, sorting and filtering performed transactions;
- revaluating consumer account with PayPal or credit cards;
- registering payment cards;
- managing all payment media (smartphones, payment cards);
- managing of login profile;
- managing personal information;
- showing terms of use;
- changing website language.


Sign up / registration

In order to use Online Services the consumer needs to register an account. The e-vending app can be used to register a new consumer account or a login can be requested from MICROTRONIC. An individual user name, password and a valid e-mail address and other information as e.g. birthday must be defined. Depending on the security setting a further email validation might be performed for the final activation of the consumer account.


Use of access data

The same access data (user name and password) are required for the use of the Online Services and for the use of App-Services.


Use of Online Services

To access the Online Services the consumer must log in with his own access data to the e-vending website by entering the user name and password. The realised  transactions with MICROTRONIC are updated in real time and can be viewed immediately.

The Online Services will continuously be enhanced. New Online Services are directly available to consumers after the release without any  restrictions.

Despite outmost care of MICROTRONIC to provide secure services the use of Online Services will always have certain risks. The consumer accepts these risks regarding e.g. data security during data transfer and the transfer of personal data to third parties within home country and abroad. The consumer respects relevant due diligence all times to protect sensitive data (incl. map data) and thus to best ensure safety.


Confidentiality username, password

The login information may be disclosed to those persons with whom the credit and the Online Services are intended to be shared such as family members, friends, etc.

The consumer agrees to carefully store the user name and not to disclose to unauthorized third parties. Passwords and any other means of identification must be kept secret, neither to record nor to pass even in encrypted form to unauthorized third parties. Passwords must not consist of easily identifiable combinations such as telephone numbers, dates of birth, car registration, name of consumer etc.. In the event of non-compliance with these provisions by the consumer MICROTRONIC declines any responsibility including any resulting adverse consequences.


Safety

The consumer accepts that due to the open configuration of the Internet or of any other means of communication and despite all the security measures of MICROTRONIC the probability exists that third parties can gain unauthorized access to the communication between the consumer and the computer system of MICROTRONIC. To reduce this risk to a minimum, the consumer uses all available resources to protect his devices (e.g. computer, mobile phone, etc.) including the installation and regular update of comprehensive antivirus and Internet security programs as well as updates of the operating systems and internet browsers. The consumer is liable for any consequences arising from any possible unauthorized interception of data by third parties. The consumer accepts that the Online Services of MICROTRONIC may temporarily not be available for any technical or other reasons.


Changes

MICROTRONIC reserves the right to modify these rules for the use of Online Services at any time.