Terms & Conditions

1. Access to the Reward Store

1.1 Reward Store

The Reward Store is part of the reward program of NBO Nuqati Rewards ("NBO"). The use of the Reward Store is exclusively for eligible NBO Nuqati Rewards members ("MEMBER or MEMBERS") who are aged 18 or older, and who can enter into legally binding agreements. The rules relating to the use of the Reward Store are set out below and should be read in conjunction with the NBO Nuqati Terms of Use.

1.2 Acceptance of Terms & Conditions

By accessing the Reward Store website ("Site") or any website linked to the Site and making transactions through the Site, specifically by clicking the "I AGREE" and/or similar buttons, you expressly indicate your acknowledgment and acceptance of the rules applicable to the Reward Store and the Reward Store Privacy & Cookies Policy.

1.3 Acceptance of Electronic Communication

The independent merchants in the Reward Store (see further below) may send email service communications, including purchase confirmation emails, and you agree that such electronic communications satisfy any legal requirements that such communications be in writing. Service communications cannot be opted out of and therefore if you do not wish to receive these communications, you will not be able to redeem Nuqati points ("POINT or POINTS") or make any purchases using the Site.

1.4 Relationship between You and the Merchant

The rewards consist of any goods or services purchased by you and sold and distributed by independent merchants who make available such rewards directly to you via the Reward Store.

Every time you purchase a reward via the Reward Store, you directly enter into an agreement with the respective merchant. NBO only provides the access and the technical platform for you to redeem rewards directly from the merchant. You agree and acknowledge that separate terms and conditions of the relevant merchant will apply to any reward redemptions via the Reward Store. You agree to abide to such applicable terms and conditions, including but not limited to, rules and restrictions on availability, shipment and delivery terms, notification of defects, return and refund policies, money back guarantees and claim for damages. NBO will not become a party to the transaction between you and the merchant. You should read the terms and conditions of the respective merchant on the Merchant Details tab as you will need to accept that merchant’s terms and conditions prior to redeeming any reward.

1.5 Use of the Reward Store

You may only use the Reward Store to make non-commercial, legitimate reservations or reward purchases or benefit from other redemption types and shall not use the Site or the Reward Store for any other purposes, including making any speculative, false or fraudulent reservations or reward purchases or other reward redemptions. Rewards on the Reward Store are subject to availability at the time you place the purchase order. By accessing and/or using the Reward Store, you authorize NBO to consider any person using your information a legitimate user. Rewards can be redeemed only by the MEMBER personally. MEMBERS/legal guardians must ensure that the login details are not used illegally. NBO bears no responsibility for any consequences of illegal use of the personal details. NBO reserves the right to refuse access to the Site in cases it deems constitute misuse.

1.6 Restriction on Use

NBO will not be held responsible for the exclusion of MEMBERS who use the Reward Store unlawfully.

2.Customer Service

For questions related to any product purchased in the Reward Store or to your order, please contact the relevant merchant. For general questions related to the Reward Store itself and the redemption types, please use contact us form.

3. Redemption Types

3.1 Buying

Through this redemption type, you can purchase rewards from merchants in exchange for POINTS, or a combination of POINTS and cash by debit card or credit card. For each transaction, the use of at least 20% of price in POINTS is mandatory. Please see section 4 below for further details.

3.2 Points Exchange

Through this redemption type you can exchange your POINTS for miles/points of another partcipating loyalty program provided you have a valid membership with that program. The applicable exchange rate will be communicated at the time of transaction. Once submitted, conversion requests cannot be cancelled, reversed, or refunded. Converted Points will be subject to the expiration policy and redemption rules of the relevant program. The value of Points may differ between the two programs. Points have no monetary value and cannot be exchanged for cash.

4. Reward Payment

4.1 General

When purchasing rewards via the Reward Store, you can pay for such rewards either with POINTS, or with any combination of POINTS and cash (by debit card or credit card).

4.2 Payment with POINTS

You may purchase a reward for such amount of POINTS as indicated for each reward in the Reward Store, provided that you have sufficient POINTS available on your account at the time of purchase. POINTS that are not yet accrued and credited to your account at the time you place the purchase order are not available for reward purchase. Should you not have sufficient POINTS available at your account at the time of the purchase, or should you prefer to pay only part of the reward POINTS, you may pay the difference in cash (by debit card or credit card) in accordance with these terms and conditions. POINTS are deducted from your account as soon as a reward is purchased.

4.3 Payment by Payment Card or Credit Card

You may pay part of the reward price in cash by debit card or credit card. For payments by debit card or credit card, a secure Credit Card Internet Gateway Service (with for example 3D Secured) is used. The communication with the payment gateway happens via https. The amount as indicated in the Reward Store for the respective reward will be collected by NBO on behalf of the merchant.

4.4 Conversion Ratio

The amount of POINTS necessary for the purchase of a particular reward is as specified on the Site, which may be subject to change at any time without notice to you. The number of POINTS for a purchase can differ from reward to reward.

4.5 Conversion into Cash

The conversion of POINTS into a cash amount and the payment of such cash amount to you or any similar transaction is not possible, not even in the case of the return of a reward or the refusal of access to the Reward Store.

4.6 Reclaim of POINTS

Any rewards purchased by you with POINTS that have not been properly debited to your account can be reclaimed by the CLIENT at any time without compensation.

5. Shipping, Handling and Return of Rewards

5.1 General

Regarding shipping, handling, returns or other delivery related matters such terms and conditions as set out in the relevant Merchant Details tab on the Reward Store are exclusively applicable.

5.2 Shipping

Rewards are sent only to the address explicitly provided with a specific reward order. Delivery dates cannot be guaranteed and NBO does not assume any liability for failed deliveries caused by incorrect addresses, absence of the recipient, customs issues, force majeure or other reasons not under reasonable control of NBO. Please contact the merchant in case of non-delivery of the reward beyond the estimated delivery time stipulated on the order confirmation page. Any non-delivery claims received later than 3 months from order date can no longer be processed.

5.3 Fees & Taxes

The prices on the Reward Store include all taxes and shipping and handling fees of the merchant unless otherwise specified. Nevertheless, for some rewards, you may be charged and may bear in addition local duties and taxes such as for example VAT and/or luxury or customs taxes depending on your local jurisdiction. Please check with your local customs authorities prior to ordering a reward.

5.4 Withdrawal Period

Where required by applicable law, merchants give a 14-day withdrawal period dating from the day on which you received the reward. The withdrawal period shall however always comprise at least 7 working days from the day on which you received the reward. During this period, you have the right to withdraw from the purchase by notifying the merchant and returning the unused and undamaged products in original packaging within 14 days of notifying the merchant to the merchant's address. Rewards returned thereafter can no longer be considered for refund or exchange nor can the POINTS be refunded unless specified otherwise. There may be no withdrawal period for perishable or customized items or for digital downloads – please refer to the Merchant Details tab on the Reward Store for more details.

5.5 Return Handling

In case a merchant grants a return period that exceeds any legally required withdrawal period, such terms as set out in the relevant Merchant Details tab in the Reward Store are exclusively applicable. In case of (i) returns in accordance with the applicable terms and conditions of the relevant merchant, or (ii) unsuccessful delivery due to your actual fault (e.g. insufficient or incorrect delivery address or no physical acceptance of reward at delivery address) you may be charged with incurred credit card fees, additional shipping and handling fees, and any other taxes and expenses in connection therewith. You may be required to pay these charges in POINTS equivalent or cash (by debit card or credit card), depending on the nature of the original redemption transaction.

5.6 Guarantee Period

In case of an existing fault in a reward, such guarantee periods, if any, as set out in the relevant Merchant Details tab are exclusively applicable.

6. Personal Information

6.1 Processing of Personal Information

We process personal information as required to operate the Nuqati program as explained in our NBO Nuqati Program Terms of Use and Privacy Notice.

6.2 Confidentiality of Credentials

Access to and use of password protected and/or secure areas of the Reward Store is restricted to authorized persons only. Unauthorized individuals attempting to access these areas of the Reward Store may be subject to prosecution. You are responsible for maintaining the confidentiality of your credentials, including your account and password, and for restricting access to your computer to prevent unauthorized access to the Reward Store. You agree to accept responsibility for all redemption and other activities that occur under your account or password. You should take all necessary steps to ensure that the credentials are kept confidential and secure and should inform NBO immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

7. Limitation of Liability

7.1 Contracting Party

When purchasing rewards through the Reward Store, you enter into a purchase agreement with the relevant merchant of the product, and not NBO. You expressly acknowledge and agree that merchants are independent contractors and not employees or agents of NBO. NBO is not liable for the acts, errors, omissions, representations, warranties or negligence of the merchants. NBO shall not be responsible for or liable to you in connection with any restrictions, qualifications, or other terms and conditions imposed by the merchant on any reward items. As far as permissible by applicable law, NBO hereby disclaims any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the rewards provided by any merchant through the Reward Store, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such merchant and you hereby expressly exonerate NBO from any liability with respect to the same. To the extent permitted by law, NBO exclude all liability to you or other person of whatsoever nature in respect of any negligence, willful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide the services by or on behalf of a merchant.<

7.2 No Warranty

NBO does not warrant or represent that the content on the Site or any website linked to the Site is complete or up-to-date. NBO is under no obligation to update any content on the Site. NBO may change the content on or make improvement or changes of the Site at any time without notice. The information, products, and descriptions of rewards and other services published on the Site or a linked site may include inaccuracies or typographical errors, and to the extent permitted by law, NBO specifically disclaims any liability for such inaccuracies and errors.

7.3 Limitation of Liability

You agree that NBO and its affiliates and any of its respective officers, directors, employers, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site or the Reward Store, or with the delay or inability to use the Site or a linked site, even if they have been made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labor problems or any force majeure. NBO cannot and does not guarantee continuous, uninterrupted or secure access to the Site or the Reward Store.

7.4 Legal Remedies

NBO reserves the right to seek all remedies available at law and in equity for any misuse of the Site or the Reward Store and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing the Reward Store.

8. Subcontracting

The Reward Store is operated by Loylogic on behalf of NBO. Payment card transactions are processed by Loylogic Inc, Seestrasse 78, 8703 Erlenbach, Switzerland, on behalf of NBO. The Loylogic parties are not a party to any contract with you and/or with a Merchant in relation with the Reward Store. You expressly acknowledge and agree that neither of these parties will have any liability to you to the maximum extent permitted by law, and, in particular, that the limitation of liability under sec.7 above will apply as between you and any of these parties to their benefit.

9. Copyrights and Trade Marks

The trademarks, logos and service marks (collectively "Marks") displayed on the Reward Store are the property of NBO or of the merchant or other third party, as the case may be. You are prohibited from using any Marks for any purpose including, but not limited to, the use as metatags on other pages or sites on the World Wide Web without the written permission of NBO or such other party which may own the Marks. All information and content including any software programs available on or through the Site (collectively "Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You take note that one or more patents apply to the features and services accessible via the Reward Store, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.

10. Exchange Rates

All exchanges rates displayed on the Reward Store in connection with any reward transactions are under license from XE.com.

11. Updates to Terms and Conditions

These terms and conditions may be updated from time to time. Any changes will become effective upon our posting of the Terms and Conditions on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Site.

12. Governing Law

These terms and conditions are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in all disputes arising out of or relating to the use of this Site. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.

Last updated: 3^rd September 2020