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Terms and Conditions of the NiiCO Social Card Service.

(Translated from Dutch with Google Translate June 2019)

dutch

Article 1 Definitions

The following definitions apply in these conditions
NiiCO
  • Harmony System Applications The Hague bv based in The Hague Dedemsvaartweg 173 and operating under the name NiiCO.
  • The NiiCO Social Card Service (hereinafter referred to as NiiCO) acts as an intermediary between customer and acceptor. & Nbsp; In this capacity, NiiCO is responsible for the delivery and financial settlement of a gift on the Social Card between customer and acceptor or for registering and settling the Social Card discount.
  • NiiCO bv is registered with the Chamber of Commerce in The Hague under number 27154597.
  • The VAT number of NiiCO bv is NL804810758B01.  
  • NiiCO processes personal data in accordance with the General Data Protection Regulation (GDPR) applicable in the Netherlands.
Cooperating with
  • The customer and the acceptor of the Social Card, who have concluded an agreement with NiiCO.
Customer
  • The person or legal person who purchases / sends or receives / spends a Social Card, whereby it must be stated that the email address of the purchaser mentioned in the Social Card is deemed to be the correspondence channel.     
  • The person or legal person who purchases / sends a Social Card also indicates that he / she wants to receive discounts / discounts from the acceptor and NiiCO unless otherwise indicated.
Acceptor
  • A store, a restaurant or a consumer-oriented service provider that accepts the gift or discount Social Card as part of an exchange.
  • The acceptor must be registered with the Chamber of Commerce.
  • The acceptor will uphold and respect the name and reputation of NiiCO and the Social Card.
  • The acceptor is responsible for the correctness of the IBAN number and the email address of the acceptor.
  • When changing the IBAN number and/or email address, NiiCO will only transfer after the new IBAN number and/or email address has been confirmed.
Social Card.
  • In these Terms and Conditions, Social Card is understood to be the one-time-use voucher or discount card that is registered with NiiCO. See Social Card properties.  
  • A Social Card is a Social Gift Card if it is explicitly indicated that there is a gift.
  • A Social Card is a Social Discount Card (also referred to as Treats) if it is explicitly stated in the text that the card provides a discount.
  • The gifts on our Social Card are exempt from VAT (Dutch Law OB 11, 1, i).
  • The settlement of the discounts on the Discount Card are for the account of the Acceptor.
Gift or discount
  • The amount stated on the Social Card as a gift is the amount that the customer may spend with the acceptor as a means of exchange instead of cash. & Nbsp;     
  • Any amount that is spent on top of the amount on the Social Card is entirely for the benefit of the acceptor.  
  • A gift on the Social Card is not transferable.
  • Each discount action in the form of money or discount percentage is at the expense of the acceptor, whereby the acceptor may determine the conditions under which the discount is provided.
  • Every discount promotion must be seen as a favor provided by the merchant to the customer. There are no obligations attached to this.     
  • In the event that the Social Discount Card is not sent by email and it is subsequently established that the email address is already involved in this discount promotion, the discount will be canceled.
  • Regarding the Social Discount Card there is a difference of opinion between customer and acceptor, the acceptor may decide on the legal validity of the Social Discount Card.     
Agreement
  • Every agreement under the applicability of these Terms and Conditions between NiiCO and a counterparty.
These conditions
  • The applicable General Conditions drawn up by NiiCO and always the most current version thereof.
  • Dutch law applies to these general Terms and Conditions.
Duration
  • If the Social Card is a Social Gift Card, it is the period within which the Social Card can be spent. This is indicated on the Social Card or is determined by the acceptor.
  • In case the Social Card is a Social Gift Card, the date until when the Social Card is valid is indicated.
  • The validity date stated on the Social Card must match the validity date that is administered by NiiCO.
  • In case the Social Card is a Social Gift Card, there should be an end date of validity on the card. If there is no end of validity date on the Social Card, this means that the Social Card is not a Social Card issued by NiiCO.

Article 2 Application

  1. These general Terms and Conditions apply to all concluded agreements, all offers and quotations regarding deliveries and services between the customer, NiiCO and the acceptor.
  2. These conditions cannot be deviated from, unless the parties involved have agreed this in writing and only for the agreement for which it was made.
  3. The other party, once it has entered into an agreement under the applicability of these conditions, is deemed to agree tacitly with the applicability of these conditions.
  4. The other party s terms and conditions will only be effective if they do not conflict with the present terms and conditions. In case of doubt, the conditions of NiiCO prevail.    The applicability of the other party s general terms and conditions is expressly rejected.
  5. If there are provisions in the general terms and conditions that are invalid or may be annulled, the remaining provisions of these terms and conditions will continue to apply to the agreement.
  6. The other party, which has entered into an agreement under the applicability of these conditions, is deemed to have tacitly agreed to the applicability of these conditions to agreements concluded later.

Article 3 Offers and agreements

  1. All offers from NiiCO are without obligation, unless expressly agreed in writing.
  2. No rights can be derived from the offers.
  3. The agreement is concluded by confirmation from NiiCO.
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Artikel 4. Eigenschappen Social Card

  1. The Social Card aims to bring people together at a distance and should be used as such.
  2. The Social Card may not be used for discriminatory expressions. Discrimination means treating people or groups (usually minorities) differently based on a variety of characteristics such as origin, race, country of birth, religion, political or religious beliefs, social customs, gender, sexual orientation, language, disability, age, etc.
  3. The Social Card can take 3 forms:    
         
    • A Social Gift Card, when the amount designated as a gift (or a synonym thereof) on the Social Card is greater than EUR 0.00 and an end date of validity.    
    • A Social Discount Card, when there is an offer, the rules of which are determined by the acceptor.    
    • A Social Non Value Card, when no amount is mentioned and there is no offer. This card cannot be exchanged at the merchant.    
  4. If the Social Gift Card is a voucher, the owner can spend this voucher once. The amount, which represents the Social Card, has the same function as a means of exchange in cash.
  5. The Social Gift Card and the Social Discount Card contain a Card number and a Card code in legible form as well as in QRCODE format. The Non Value Social Card is only a number.     
  6. If a Social Card with a Card number and Card code is not registered with NiiCO, the Social Card is not a Social Card of NiiCO.     
  7. The fixed text of the Social Discount Card is for the account of the acceptor. NiiCO is not responsible for this. NiiCO only plays an advisory role in this and recommends avoiding the word GIFT (or a synonym thereof). This is to prevent misunderstandings when using the Social Card.
  8. Social Cards registered with NiiCO may only be accepted by acceptors who are members of NiiCO and are recognized as such.
  9. NiiCO will only pay Social Gift Cards to stores that are affiliated with NiiCO and are recognized as acceptors by NiiCO.
  10. Any modification to the Social Card text or QRCODE, manually, mechanically or otherwise, invalidates the Social Card. & Nbsp;
  11. NiiCO cannot be held responsible for acceptors who have terminated their store activities.
  12. Immediately after a Social Card has been accepted by an acceptor in accordance with the rules stated in these General Terms and Conditions, the Social Card can no longer be accepted.
  13. If there is no end date of validity on the Social Gift Card, this means that the Social Gift Card is no longer valid.
  14. The customer is responsible for keeping the Card number and the Card code of the Social Card under the cap.
  15. NiiCO can therefore not be held responsible for the acceptance of a Social Card that is not redeemed by the owner.
  16. NiiCO reserves the right to replace the text, the photo or the video without giving any reason.
  17. NiiCO reserves the right to replace the text, the photo or the video without giving any reason.

Article 5 Accepting the Social Card

  1. Only stores that are affiliated with NiiCO and are recognized as acceptors of NiiCO may accept Social Cards that are registered with NiiCO.  
  2. The Social Card must be submitted either in paper form or in digital form.  Only presenting a CardNumber and CardCode is not sufficient.
  3. Before a Social Card is exchanged for an article delivered by the merchant, the merchant must register the Social Card with NiiCO as accepted.  Once a Social Card has been accepted, this Social Card may no longer be registered. Not by this acceptor, but also not by other acceptors.
  4. When canceling, the acceptor states the Card number and Card code and must use:         
          
    • his NiiCO account called My Acceptance     
    • or the QRCODE, which is shown on the Social Card     
  5. In addition, the acceptor checks whether the amount of a Social Gift Card shown at the time of cancellation corresponds to the amount stated on the Social Gift Card.
  6. If that is the case, the acceptor may accept the Social Gift Card.
  7. Immediately after canceling, NiiCO will send an email to the acceptor, stating that this acceptor has accepted the Social Card. This email indicates the time when the Social Card was accepted.     
  8. NiiCO takes no responsibility if an acceptor still accepts the Social Card in that case.
  9. The full amount of a Social Gift Card can/must be spent in one go.
  10. Reimbursement of part of the amount or the total amount is not permitted.
  11. See also: Social Card Properties.

Artikel 6 Uitbetaling van het Social Gift Card

  1. With a Social Gift Card, the acceptor receives the amount stated on the Card minus the costs.     
  2. The acceptor is responsible for the correctness of the IBAN number and the email address of the acceptor. When changing the IBAN number or email address, NiiCO will only transfer after the new IBAN number and email address have been confirmed.

Article 7. Complaints

  1. The right to complain with NiiCO expires as soon as the Social Card has been accepted by the acceptor.

Article 8. Our basics

  1. The Social Card aims to bring people together at a distance and should be used as such. NiiCO has no responsibility for any other objective.
  2. The Social Card may not be used for discriminatory expressions. Discrimination means treating people or groups (usually minorities) differently based on a variety of characteristics such as origin, race, country of birth, religion, political or religious beliefs, social customs, gender, sexual orientation, language, disability, age, etc.             In the unlikely event that the Social Card is nevertheless used for discriminatory expressions, NiiCO is not responsible for this.
  3. NiiCO has the right to refuse Social Cards that do not comply with our basics.

Article 9. Services

  1. The recipient of the Social Gift Cards will automatically receive reminders, as long as a Social Gift Card is not spent during the duration of the Social Card.     
  2. The person or legal person who has purchased a Social Gift Card has the right to return a Social Gift Card within the legally established period for online services.     
  3. The legally established period for returning a Social Gift Card starts on the day that the Social Gift Card is issued.
  4. With accepted Social Gift Cards, the obligation of the legally determined cooling-off period passes from NiiCO to the acceptor.
  5. The customer agrees that the obligation of the legally determined cooling-off period passes from NiiCO to the acceptor after the Social Gift Card has been accepted.
  6. NiiCO reserves the right to deduct the costs incurred and to be incurred for payment transactions from the Social Gift Card amount to be reversed.
  7. You can return a gift voucher from the email address of the person or legal person who has purchased a gift voucher by submitting a request to deactivate the gift voucher.
  8. NiiCO is not responsible for a Social Gift Card if it is redeemed after the request for deactivation.
  9. If the Social Gift Card is subsequently redeemed, the right to cancellation of the Social Gift Card amount automatically expires.
  10. The amount to be reversed will only be transferred to the account from which the gift voucher was paid. After communication via email.

Article 10. Termination

  1. In the event of bankruptcy, the acceptor will immediately inform NiiCO.
  2. In the event of bankruptcy, NiiCO will cancel the merchant as a merchant.
  3. In the event of bankruptcy, NiiCO will notify the acceptor of the cancellation by email.
  4. The acceptor has a cooling-off period of 2 weeks after he has accepted the gift voucher to terminate the agreement with NiiCO without giving reasons.  After the expiry of this period, the minimum duration of acceptance is 1 year.
  5. If an acceptor has removed the shortcut from his website within 1 year, NiiCO will have the right to pay administration costs. charge the acceptor. 
  6. NiiCO has the right to terminate the agreement with the acceptor or customer at any time without giving reasons.
  7. After termination of the relationship between NiiCO and the merchant, the merchant retains the right to payment of redeemed Social Gift Cards in accordance with the procedure described in Article 4.
  8. If NiiCO has terminated the relationship between NiiCO and the customer, the customer retains the right to return Social Gift Cards, as described in article 8 without regard to the legal period.

Article 11. Warranty and liability

  1. Warranty on the articles purchased through the Social Gift Cards are not borne by NiiCO.
  2. Even in the event of the bankruptcy of the merchant, NiiCO cannot provide this guarantee.
  3. NiiCO is not liable for the quality of the goods purchased with the Social Gift Cards.
  4. NiiCO is not liable for any consequential damage when using the goods purchased with the Social Gift Card.
  5. NiiCO is not responsible for the image that the donor places on the Social Card.
  6. The donor ensures that only images that are free of copyright are placed on the Social Card.
  7. If a donor places an image on the Social Card that is not free of copyright, the donor will pay the costs for this to the rightful owner of the image. NiiCO is not a party to this.
  8. The responsibility of an account lies entirely with the customer or acceptor.
  9. NiiCO is not responsible for the quality of the email address to which the Social Card is sent. NiiCO will try to correct an incorrectly specified email address in time at best.
  10. NiiCO cannot be held liable for the goods purchased with Social Cards from NiiCO.
  11. NiiCO cannot be held liable for the quality of the goods purchased with Social Cards from NiiCO.

Article 12. Advertising

  1. The acceptor may only advertise the Social Card with material provided by NiiCO.
  2. The acceptor may mention on his website that Social Cards can be redeemed in his company.   This text may read: We accept the NiiCO Social Card.   Another text must first be submitted and approved by NiiCO.
  3. All texts, images, illustrations, or graphic material depicted or placed by NiiCO are owned or licensed by NiiCO and are protected by copyright, trademark law and/or any other intellectual property right.
  4. It is not permitted to multiply, forward, distribute or (against payment) texts, images, illustrations or other graphic material owned by NiiCO to third parties without express written permission from NiiCO. .
  5. NiiCO reserves the right to refuse and not publish the (photo) material supplied by the acceptor on the NiiCO website without stating reasons.
  6. In exchange for the free service, NiiCO reserves the right to use the (photo / video) material supplied by the customer for advertising purposes without giving reasons.
  7. NiiCO cannot be held liable if a photo / video goes viral. Not even if going viral entails extra costs for the customer.
  8. NiiCO reserves the right to copy images and texts from the website of the merchant and to place them on the page of the merchant on the NiiCO website.

Article 13. Other

  1. NiiCO reserves the right to change these terms and conditions without prior notice.
  2. Changes to these terms and conditions are only effective if they are published on the NiiCO website, provided that the most favorable provision applies to the other party during the term of the gift voucher.
  3. The amount on the Social Gift Card will not be used by NiiCO to speculate or otherwise make risky investments.
  4. The costs that NiiCO charges on the amount stated on the Social Gift Card can be adjusted by NiiCO. This adjustment must be announced 3 months in advance and give the acceptor the right to terminate the agreement with NiiCO.
  5. If NiiCO adjusts the costs that NiiCO charges on the amount stated on the Social Gift Card, the current gift vouchers will be exchanged for the old costs.
  6. The acceptor has the right to request an overview of the customers who want to receive his Treats store for their store. The merchant may only use this data for the following 24 hours (Frozen Period). Use thereafter is not permitted and any liability is for the account of the merchant.     

Article 14. Applicable law/disputes

  1. Any disputes must in the first instance be settled by the parties being the provider and/or the recipient and/or the acceptor or through the intervention of NiiCO.
  2. Only Dutch law applies to these conditions.
  3. In the event of the bankruptcy of the merchant, the agreement with NiiCO is automatically dissolved.

Artikel 15. Internet

  1. NiiCO reserves the right to change or cancel any announcements made on the website without prior notice.
  2. NiiCO cannot be held liable for typing and text errors or other inaccuracies that occur.
  3. NiiCO reserves the right to verify the registration of the data of merchants to guarantee the quality of NiiCO.
  4. The internet site should be used for what it was made for and as described in these terms and conditions. providing the Social Card.   Any other objective may result in prosecution by operation of law.     

Article 16. Uploads

  1. NiiCO accepts no copyright responsibility for the images or videos that are uploaded.
  2. NiiCO accepts no responsibility if images or videos are linked to a different Social Card than intended.
  3. NiiCO accepts no responsibility if images or videos are not linked to the Social Card for which it is intended.
  4. NiiCO hereby claims the right to use images or videos for advertising purposes. Of course with the approval of the person (s) involved.

Article 17. Cookies

  1. NiiCO only uses cookies that are intended to make the website work (so-called technical cookies).
  2. NiiCO accepts no responsibility if images or videos are linked to a different Social Card than intended.
  3. NiiCO does not accept responsibility if images or videos are not linked to the Social Card for which it is intended.

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