Terms and Conditions Basel
Ownership of the Mobile Application
In accordance with the provisions of the legislation in force we inform you that the provider of the "Red By Dufry Loyalty Program" mobile application (hereinafter the "Program", "Red By Dufry Application" or the "Application") is Dufry AG (hereinafter "DUFRY"), with registered address at Brunngässlein 12, Basel, Basel-Stadt CH-4052, Switzerland, with Commercial Register number CHE-110.286.241, registered in the Commercial Register of Basel, and with contact email address: legal@dufry.com
Using the Mobile Application
These are the Terms and Conditions governing access and use of the Red By Dufry Application and on gaining access to the Application for its use the user agrees to them and accepts the conditions ("Conditions") that are available in the Application each time. If the user does not agree with these terms and conditions the user must stop using this Application. The user must read these Terms and Conditions carefully.
Access to and downloading of the Application is free, except for the cost of connection through the telecommunications network provided by the user’s access provider.
DUFRY reserves the right to make, at any time, changes and updates to the Application and its content, layout and presentation, including these Terms and Conditions. The user will be notified by DUFRY on any changes of the Terms and Conditions. We recommend reading them before each access and use of the Application. DUFRY also reserves the right at all times to decide to continue with the services of the information company that it provides through the Application.
The user undertakes not to use the Application for fraudulent purposes and not to carry out any conduct that could damage the image, interests and rights of DUFRY or third parties, also undertaking to use the Application, services and contents included therein diligently, correctly and lawfully. In particular, the user undertakes not to delete, avoid or manipulate the "copyright" and other data identifying the rights of the owners included in the contents of the Application as well as the technical protection devices or any information mechanisms that may include such contents. The user also undertakes not to take any action to damage, disable or overload the Application, or in any way hinder normal use and operation of the Application.
In the event that the user fails to comply with these Terms and Conditions or DUFRY reasonably suspects that the user is failing to comply therewith, DUFRY reserves the right to limit, suspend or terminate access to the Application, adopting any technical measure necessary for that purpose. DUFRY also reserves the right to decide, at any time, whether to continue the services that it provides through the Application.
Operation Red By Dufry LOYALTY PROGRAM
Requirements:
All individuals with majority age may join the "Red By Dufry Loyalty Program" as members through the Application.
All that is required for this is to access the Red By Dufry Loyalty Program space through the Red By Dufry Application owned by the Dufry Group and complete all the fields in the application form accurately. Once the application is completed, customers will receive a personal QR code on their mobile device that will allow them to identify themselves in stores and, thereafter, enjoy all the benefits offered by the Red By Dufry Loyalty Program.
For any question regarding to Dufry’s employees digital discount card, please refer to the local HR team.
Benefits and Operation of the Program:
The Program entitles Silver members to benefit from a 5% discount, Gold members to benefit from a 7% discount and Platinum members to benefit from a 10% discount, in the Dufry group’s travel retail shops in connection with the promotion in Basel The loyalty discount cannot be applied to items that are already on promotion or subject to a discount, nor can it be combined with any other Dufry promotional campaigns such as VIP Voucher. The applicable discount may vary from one country to another.
Customers who wish to join the Program will not be required to make a minimum purchase in order to join the Program.
The number of daily transactions allowed per customer with the Program will be limited to two per airport per day.
Certain categories of products may be excluded from the Program and this may vary from one country to another. The customer can find out directly in stores whether any categories are excluded from the Program.
Membership of the Red By Dufry Loyalty Program is renewed automatically on an annual basis. However, DUFRY will analyse the movements of its customer’s accounts and, based on the activity, will adjust the account membership to the appropriate level (Silver, Gold and Platinum) within the Program.
Owner’s declarations:
By registering on the Red By Dufry Loyalty Program, users acknowledge:
(i) that this Application is directed to individuals with age majority and with no limitations, prohibitions and/or restrictions on their capacity to act,
(ii) that participation in the Red By Dufry Loyalty Program is voluntary, and users are required to join and accept in the Program,
(iii) that, except as explicitly stated in these Terms and Conditions, participation in the Red By Dufry Loyalty Program will terminate when users no longer meet the requirements described in section 3.3. of these Terms and Conditions and/or their capacity to act is limited. DUFRY reserves the right to cancel the membership of anyone who fails to comply with the said requirements of membership of the Program or who does not provide the necessary information that they may be asked to provide.
Security
The registered member\user is solely responsible for the use and protection of the confidentiality of the user name, full account, QR code, Registration ID, status level, benefits, email verification and password that may be provided or that has been selected for use in the mobile application. None of this information (Including but not limited to QR code and registration ID) should be shared with or given to third parties. We must be notified immediately of any unauthorized use of any information provided by the user or by the system itself (including but not limited to QR code and registration ID) or of any other breach of security in connection with the Application.
Third Party Services
The Application’s customs standards sections are operated by third parties outside the Dufry group. DUFRY will not accept responsibility for the veracity and accuracy of the information provided by third parties.
Amendment of these Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. These changes will be applicable once published in our Application and, subject to section 2.3., it is the responsibility of users to read the Terms and Conditions whenever they use this Application.
The Terms and Conditions in force at the time will apply to each activity carried out using the Application.
Continued use of our mobile application implies that you accept and will comply with the current Terms and Conditions.
Protection of personal data and cookies policy
Any personal information you provide when using our mobile application will be processed and used in accordance with our Privacy Policy (link). By using our mobile application you agree to such processing and the terms thereof.
The rules governing aspects relating to the processing of users’ personal data due to use of the mobile application are set out in the Privacy Policy attached to the various data collection forms that may be included in the mobile application.
The mobile application uses a technology known as "cookies" to gather information on how the Application is used. For detailed information on how DUFRY uses cookies, please see the Cookies Policy document (link).
Intellectual and Industrial Property
The intellectual property rights over the layout of the contents of the Red By Dufry Mobile Application (including the sui generis right to the database), graphic design (look and feel), distinctive signs (trademarks and trade names), underlying computer programs (including source codes) and the various elements that make up the Application (text, graphics, photographs, videos, etc.) are owned by Dufry Group or, where applicable, it has been granted the rights of use and exploitation thereof, and in that sense are works protected by current intellectual and industrial property legislation.
Use of the mobile application by the user in no way implies the transfer of any intellectual and/or industrial property rights over the Application, its contents and/or the distinctive signs of DUFRY. For this purpose, by these Terms and Conditions, except in those cases where it is legally permitted, the user is expressly prohibited from reproducing, altering, distributing, publicly communicating, making available, extracting and/or reusing the Application, its contents and/or the distinctive signs of DUFRY.
It is expressly forbidden to reproduce elements of the Application or its contents for profit or commercial purposes.
Limitation of Liability
The user acknowledges and agrees that use of the mobile application is at all times at their entire risk and responsibility and therefore DUFRY does not accept responsibility for any misuse or improper use made of the Application.
In particular, DUFRY is not liable for:
• The content of sites linked through links included within the Application. In this respect, the terms set out in section 10 of these Terms and Conditions shall apply.
• The Application may contain advertising content or it may be sponsored. In no case will DUFRY be responsible for any inaccuracy, misrepresentation or irregularities that advertising or sponsorship material may contain.
• Damage of any kind caused to users’ computer equipment by viruses, worms, Trojan horses or any other harmful elements. Users acknowledge that use of the Internet implies they accept that there is a risk that their computer equipment may be affected by the aforementioned elements. To this end, it is up to users, in any case, to have available suitable tools for the detection and removal of harmful electronic programs. For more information they may contact their Internet access service providers who will be able to provide solutions suited to their needs.
• Damage of any kind caused to users resulting in failures of or disconnections from telecommunications networks that give rise to the suspension, cancellation or interruption of service of the Application while it is providing such service or prior thereto. In this regard, users acknowledge that access to the Application requires services provided by third parties outside DUFRY’s control (for example: telecommunications network operators, access providers, etc.), the reliability, quality, continuity and operation of which is not DUFRY’s responsibility.
• Contents which are illegal, harmful or contrary to morals, uses and good practices that are the responsibility of third parties.
Links
The Application may include technical link devices (links) that allow Users to access other applications and Internet portals (hereinafter, "Linked Sites"). In these cases, DUFRY acts as a provider of mediation services and it will only be responsible for the contents and services provided on the Linked Sites insofar as it is actually aware of the illegality and it has not disabled the link with due diligence. In the event that Users believe that there is a Linked Site with unlawful or inappropriate content, please notify DUFRY via the email to the following address legal@dufry.com. In no case will such communication carry the obligation to remove the link in question.
The existence of Linked Sites in no way implies that DUFRY is actually aware or is any other way aware of the services and contents thereof in the case of illegality, nor that it necessarily has agreements with the managers or owners of the Linked Sites. Nor does the existence of such links imply DUFRY’s recommendation, promotion, identification or agreement with the statements, content or services provided through the Linked Sites. Consequently, DUFRY does not accept responsibility for the content of the Linked Sites or for their conditions of use and confidentiality policies and Users are solely responsible for checking and accepting them each time they access and use them.
Users and, in general, any individual or legal entity that intends to establish a link from their page or site to the Application, should obtain DUFRY’s prior written permission. The establishment of such a link does not imply in any case the existence of dealings between DUFRY and the proprietor or owner of the site or page on which the link is established, nor the acceptance or approval by DUFRY of its contents or services.
In any case, DUFRY reserves the right to prohibit or disable links to the Application at any time, especially in cases of unlawful activity or content of the page or site in which it is included.
Force Majeure
DUFRY will not be liable for any failure or delay in fulfilling any of its obligations under these Terms and Conditions that is caused by an event beyond its control or Force Majeure.
Force Majeure means, for the purpose of this clause, any act or event beyond DUFRY's reasonable control, including, but not limited to, strikes, lockouts or other action by third parties, supplier failure or delay, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, or failure of public or private telecommunication networks.
Should a Force Majeure event occur, which affects the fulfilment of DUFRY's obligations under these Terms and Conditions, DUFRY will notify the User as soon as reasonably possible.
How can you contact us?
If you have any questions about the Program, or if you have any complaints, please contact our Customer Service Team on telephone no.[....], if calling within Switzerland or on [...] from abroad, by e-mail sent to legal@dufry.com or by letter addressed to DUFRY , Customer Service, [...]
General Information
DUFRY reserves the right to transfer its rights and obligations under these Terms and Conditions to another organization.
Any contract concluded in accordance with these Terms and Conditions is between the User and DUFRY. No third party shall have any right to enforce any of its terms. In any case, access, navigation and use of the Application and, if applicable, the use or rental of the products or services that are offered through it are under the sole and exclusive responsibility of the User.
Failure to enforce any obligation does not imply a waiver of the right to request it at a later date.
These Terms and Conditions and any other matter relating to the use of the services DUFRY provides through the Application shall be governed by the provisions of Laws of Switzerland. For cases where the legislation provides for the possibility of the parties submitting to a jurisdiction, DUFRY and the User, expressly waiving any other jurisdiction that may apply, shall submit any disputes and/or disagreements to be heard by the Courts of the City of Basel, Switzerland.
In the event that any provision contained in these Terms and Conditions is declared invalid, it shall be removed or replaced. In any case, such invalidity shall not affect the validity of the remaining provisions contained in these conditions.
Terms and Conditions Zurich
Red By Dufry LOYALTY PROGRAM
TERMS AND CONDITIONS
Ownership of the Mobile Application
1.1. In accordance with the provisions of the legislation in force we inform you that the provider of the "Red By Dufry Loyalty Program" mobile application (hereinafter the "Program", "Red By Dufry Application" or the "Application") is Dufry AG (hereinafter "DUFRY"), with registered address at Brunngässlein 12, Basel, Basel-Stadt CH-4052, Switzerland, with Commercial Register number CHE-110.286.241, registered in the Commercial Register of Basel, and with contact email address: legal@dufry.com
2.1. These are the Terms and Conditions governing access and use of the Red By Dufry Application and on gaining access to the Application for its use the user agrees to them and accepts the conditions ("Conditions") that are available in the Application each time. If the user does not agree with these terms and conditions the user must stop using this Application. The user must read these Terms and Conditions carefully.
2.2. Access to and downloading of the Application is free, except for the cost of connection through the telecommunications network provided by the user’s access provider.
2.3. DUFRY reserves the right to make, at any time, changes and updates to the Application and its content, layout and presentation, including these Terms and Conditions. The user will be notified by DUFRY on any changes of the Terms and Conditions. We recommend reading them before each access and use of the Application. DUFRY also reserves the right at all times to decide to continue with the services of the information company that it provides through the Application.
2.4. The user undertakes not to use the Application for fraudulent purposes and not to carry out any conduct that could damage the image, interests and rights of DUFRY or third parties, also undertaking to use the Application, services and contents included therein diligently, correctly and lawfully. In particular, the user undertakes not to delete, avoid or manipulate the "copyright" and other data identifying the rights of the owners included in the contents of the Application as well as the technical protection devices or any information mechanisms that may include such contents. The user also undertakes not to take any action to damage, disable or overload the Application, or in any way hinder normal use and operation of the Application.
2.5. In the event that the user fails to comply with these Terms and Conditions or DUFRY reasonably suspects that the user is failing to comply therewith, DUFRY reserves the right to limit, suspend or terminate access to the Application, adopting any technical measure necessary for that purpose. DUFRY also reserves the right to decide, at any time, whether to continue the services that it provides through the Application.
Operation Red By Dufry LOYALTY PROGRAM
3.1. Requirements
All individuals with majority age may join the "Red By Dufry Loyalty Program" as members through the Application.
All that is required for this is to access the Red By Dufry Loyalty Program space through the Red By Dufry Application owned by the Dufry Group and complete all the fields in the application form accurately. Once the application is completed, customers will receive a personal QR code on their mobile device that will allow them to identify themselves in stores and, thereafter, enjoy all the benefits offered by the Red By Dufry Loyalty Program.
3.2 Benefits and Operation of the Program
All information about how the programs works, earning and redeeming of points as well as the discounts can be found on the website www.redbydufry.com. The loyalty discount cannot be applied to items that are already on promotion or subject to a discount, nor can it be combined with any other Dufry promotional campaigns such as VIP Voucher. The applicable discount may vary from one country to another.
Customers who wish to join the Program will not be required to make a minimum purchase in order to join the Program.
Certain categories of products may be excluded from the Program and this may vary from one country to another. The customer can find out directly in stores whether any categories are excluded from the Program.
Membership of the Red By Dufry Loyalty Program is renewed automatically on an annual basis. However, DUFRY will analyse the movements of its customer’s accounts and, based on the activity, will adjust the account membership to the appropriate level (Silver, Gold and Platinum) within the Program.
3.3. Owner’s declarations
By registering on the Red By Dufry Loyalty Program, users acknowledge:
(i) that this Application is directed to individuals with age majority and with no limitations, prohibitions and/or restrictions on their capacity to act,
(ii) that participation in the Red By Dufry Loyalty Program is voluntary, and users are required to join and accept in the Program,
(iii) that, except as explicitly stated in these Terms and Conditions, participation in the Red By Dufry Loyalty Program will terminate when users no longer meet the requirements described in section
3.3. of these Terms and Conditions and/or their capacity to act is limited. DUFRY reserves the right to cancel the membership of anyone who fails to comply with the said requirements of membership of the Program or who does not provide the necessary information that they may be asked to provide.
Security
4.1. The user is solely responsible for the use and protection of the confidentiality of the user name, email verification and password that may be provided or that has been selected for use in the mobile application. It should not be shared with or given to third parties. We must be notified immediately of any unauthorized use of the username or password or of any other breach of security in connection with the Application.
Third Party Services
5.1. The Application’s customs standards sections are operated by third parties outside the Dufry Group. DUFRY will not accept responsibility for the veracity and accuracy of the information provided by third parties.
Amendment of these Terms and Conditions
6.1. We reserve the right to amend these Terms and Conditions at any time. These changes will be applicable once published in our Application and, subject to section 2.3., it is the responsibility of users to read the Terms and Conditions whenever they use this Application.
6.2. The Terms and Conditions in force at the time will apply to each activity carried out using the Application.
6.3. Continued use of our mobile application implies that you accept and will comply with the current Terms and Conditions.
Protection of personal data and cookies policy
7.1. Any personal information you provide when using our mobile application will be processed and used in accordance with our Privacy Policy. By using our mobile application you agree to such processing and the terms thereof.
7.2. The rules governing aspects relating to the processing of users’ personal data due to use of the mobile application are set out in the Privacy Policy attached to the various data collection forms that may be included in the mobile application.
7.3. The mobile application uses a technology known as "cookies" to gather information on how the Application is used. For detailed information on how DUFRY uses cookies, please see the Cookies Policy document.
Intellectual and Industrial Property
8.1. The intellectual property rights over the layout of the contents of the Red By Dufry Mobile Application (including the sui generis right to the database), graphic design (look and feel), distinctive signs (trademarks and trade names), underlying computer programs (including source codes) and the various elements that make up the Application (text, graphics, photographs, videos, etc.) are owned by Dufry group or, where applicable, it has been granted the rights of use and exploitation thereof, and in that sense are works protected by current intellectual and industrial property legislation.
8.2. Use of the mobile application by the user in no way implies the transfer of any intellectual and/or industrial property rights over the Application, its contents and/or the distinctive signs of DUFRY. For this purpose, by these Terms and Conditions, except in those cases where it is legally permitted, the user is expressly prohibited from reproducing, altering, distributing, publicly communicating, making available, extracting and/or reusing the Application, its contents and/or the distinctive signs of DUFRY.
8.3. It is expressly forbidden to reproduce elements of the Application or its contents for profit or commercial purposes.
9.1. The user acknowledges and agrees that use of the mobile application is at all times at their entire risk and responsibility and therefore DUFRY does not accept responsibility for any misuse or improper use made of the Application.
9.2. In particular, DUFRY is not liable for:
The content of sites linked through links included within the Application. In this respect, the terms set out in section 10 of these Terms and Conditions shall apply.
The Application may contain advertising content or it may be sponsored. In no case will DUFRY be responsible for any inaccuracy, misrepresentation or irregularities that advertising or sponsorship material may contain.
Damage of any kind caused to users’ computer equipment by viruses, worms, Trojan horses or any other harmful elements. Users acknowledge that use of the Internet implies they accept that there is a risk that their computer equipment may be affected by the aforementioned elements. To this end, it is up to users, in any case, to have available suitable tools for the detection and removal of harmful electronic programs. For more information they may contact their Internet access service providers who will be able to provide solutions suited to their needs.
Damage of any kind caused to users resulting in failures of or disconnections from telecommunications networks that give rise to the suspension, cancellation or interruption of service of the Application while it is providing such service or prior thereto. In this regard, users acknowledge that access to the Application requires services provided by third parties outside DUFRY’s control (for example: telecommunications network operators, access providers, etc.), the reliability, quality, continuity and operation of which is not DUFRY’s responsibility.
Contents which are illegal, harmful or contrary to morals, uses and good practices that are the responsibility of third parties.
Links
10.1. The Application may include technical link devices (links) that allow Users to access other applications and Internet portals (hereinafter, "Linked Sites"). In these cases, DUFRY acts as a provider of mediation services and it will only be responsible for the contents and services provided on the Linked Sites insofar as it is actually aware of the illegality and it has not disabled the link with due diligence. In the event that Users believe that there is a Linked Site with unlawful or inappropriate content, please notify DUFRY via the email to the following address: legal@dufry.com. In no case will such communication carry the obligation to remove the link in question.
10.2. The existence of Linked Sites in no way implies that DUFRY is actually aware or is any other way aware of the services and contents thereof in the case of illegality, nor that it necessarily has agreements with the managers or owners of the Linked Sites. Nor does the existence of such links imply DUFRY’s recommendation, promotion, identification or agreement with the statements, content or services provided through the Linked Sites. Consequently, DUFRY does not accept responsibility for the content of the Linked Sites or for their conditions of use and confidentiality policies and Users are solely responsible for checking and accepting them each time they access and use them.
10.3. Users and, in general, any individual or legal entity that intends to establish a link from their page or site to the Application, should obtain DUFRY’s prior written permission. The establishment of such a link does not imply in any case the existence of dealings between DUFRY and the proprietor or owner of the site or page on which the link is established, nor the acceptance or approval by DUFRY of its contents or services.
10.4. In any case, DUFRY reserves the right to prohibit or disable links to the Application at any time, especially in cases of unlawful activity or content of the page or site in which it is included.
11.1. DUFRY will not be liable for any failure or delay in fulfilling any of its obligations under these Terms and Conditions that is caused by an event beyond its control or Force Majeure.
11.2. Force Majeure means, for the purpose of this clause, any act or event beyond DUFRY's reasonable control, including, but not limited to, strikes, lockouts or other action by third parties, supplier failure or delay, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, or failure of public or private telecommunication networks.
11.3. Should a Force Majeure event occur, which affects the fulfilment of DUFRY's obligations under these Terms and Conditions, DUFRY will notify the User as soon as reasonably possible.
How can you contact us?
12.1. If you have any questions about the Program, or if you have any complaints, please contact our Customer Service Team on telephone no. (0) 58 440 85 00, if calling within Switzerland or on +41 58440 85 00 from abroad, by e-mail sent to customerservice@ch.dufry.com or by letter addressed to DUFRY – The Nuance Group , Customer Service, Hohenbühlstrasse 2, 8152 Glattbrugg Switzerland
General Information
13.1. DUFRY reserves the right to transfer its rights and obligations under these Terms and Conditions to another organization.
13.2. Any contract concluded in accordance with these Terms and Conditions is between the User and DUFRY. No third party shall have any right to enforce any of its terms. In any case, access, navigation and use of the Application and, if applicable, the use or rental of the products or services that are offered through it are under the sole and exclusive responsibility of the User.
13.3. Failure to enforce any obligation does not imply a waiver of the right to request it at a later date.
13.4. These Terms and Conditions and any other matter relating to the use of the services DUFRY provides through the Application shall be governed by the provisions of Laws of Switzerland. For cases where the legislation provides for the possibility of the parties submitting to a jurisdiction, DUFRY and the User, expressly waiving any other jurisdiction that may apply, shall submit any disputes and/or disagreements to be heard by the Courts of the City of Zurich, Switzerland .
13.5. In the event that any provision contained in these Terms and Conditions is declared invalid, it shall be removed or replaced. In any case, such invalidity shall not affect the validity of the remaining provisions contained in these conditions.
Dufry2018