These Terms and Conditions apply to how Yokoy Switzerland Ltd Förrlibuckstraße 181, 8005 Zürich (“We”) facilitate the use of the Perk Cards (as defined in the General Terms and Conditions for Perk Cards) (“Perk Card”) when you add or keep a Perk Card in a mobile wallet. A mobile wallet is any electronic payment system that uses your Perk Card or a mobile record of your Perk Card to allow you to pay for items (“Mobile Wallet”). It is operated by a provider of mobile wallets (Apple) (“Mobile Wallet Provider”) and is available on a suitable mobile phone, tablet or other device (Device).

1. Applicability of General Terms and Conditions for Perk Cards

The terms and conditions that apply to your Perk Card(s) (“GTCs”) still apply when you use your Perk Card in a Mobile Wallet. The Mobile Wallet Provider will also have terms and conditions, policies, including a privacy policy, and obligations that apply to your use of the Mobile Wallet, as will other third parties (for example, mobile network operators). You should make sure that you read these terms and conditions and policies and are satisfied with these.

2. Using your Perk Card in a Mobile Wallet

To add a Perk Card to a Mobile Wallet, you must follow the process set out by the Mobile Wallet Provider (and any other procedures we, or they, may need to adopt). Not all Cards will be eligible to be added to the Mobile Wallet, and the Mobile Wallet Provider may limit the number of Perk Cards that can be used. Once a Perk Card is added, the Mobile Wallet will only allow you to make purchases where the Mobile Wallet is accepted.

You may remove your Perk Card(s) from the Mobile Wallet at any time by following the Mobile Wallet Provider’s procedures for removal. We must continue to process any Mobile Wallet transactions (“Transactions”) on your Card outstanding at the time you remove it from the Mobile Wallet and you must still pay for such Transactions.

3. Fees

We do not charge any fees for adding your Perk Card to the Mobile Wallet. The usual fees (if any) associated with using your Perk Card will still apply. The Mobile Wallet Provider or other third parties (for example, mobile network operators) may separately charge you fees in relation to your use of the Mobile Wallet or Device and such fees are between you and the Mobile Wallet Provider or relevant third party.

Responsibility for the Mobile Wallet working: We do not operate the Mobile Wallet and therefore cannot be responsible for its use or performance. We can only support you with using your Perk Card. We are not responsible for the Mobile Wallet, for example, if it requires updating, becomes unavailable or if you are unable to use it for any Transaction, or if a merchant refuses to accept payment using the Mobile Wallet.

4. Perk Card and Device Security

You must not share any usernames, passcodes or any other information relating to your Perk Card or Device. If you share this information with others, they may be able to access your Mobile Wallet and make purchases with your Perk Card or obtain your personal information. Before you replace or dispose of a Device, you must ensure that all Perk Card information is deleted from that Device. You agree to contact us immediately if any Device on which you have a Perk Card has been lost or stolen, or if you suspect that there has been fraud in relation to your Perk Card; for example if you receive a text message, alert or other such notification to your Device indicating that you have added a Perk Card to a Mobile Wallet and you did not do so, or if you receive a receipt for something you did not purchase. We will not be responsible for any losses you incur except as set out in the GTCs, if any , or as may be required by law.

5. Suspending or Cancelling Your Use of a Perk Card

There may be situations where we refuse to allow a Perk Card to be added to a Mobile Wallet or cancel or suspend use of a Perk Card to make purchases using the Mobile Wallet. We can do this for the reasons listed in the GTCs, including but not limited to where you are in breach of the Agreement, where your Perk Card is blocked, cancelled or expired, where we suspect fraud, if you have an overdue or negative balance and if directed to do so by the Mobile Wallet Provider etc, or where we cannot sufficiently authenticate you or the Perk Card. The Mobile Wallet Provider or a third party may also block, restrict, suspend, or terminate your use of the Mobile Wallet without reference to us, and we cannot be liable if this happens.

6. Your Privacy

We respect the privacy of your Personal Data. We will at all times comply with our obligations under Data Protection law and the terms of our Privacy Policy, available on the Perk website. The Mobile Wallet Provider is separately responsible for how they use and manage any personal information you provide to it.

We May Change the Clauses for the use of the Mobile Wallet: These clauses may change from time to time, and we will notify you as set out in the GTCs, after which the continued use of your Perk Card with the Mobile Wallet will mean that you have accepted them. If you do not agree to any updated conditions, you may remove your Perk Card(s) from the Mobile Wallet following the Mobile Wallet Provider’s procedures for removal.

7. Contact Us

If you have any queries in relation to these clauses, please refer to our Help Center available in the Perk App and/or the website. If you have any questions or issues which are not answered by our Help Center, please contact us using the details set out on our website. If you have questions in relation to the Mobile Wallet, please contact the Mobile Wallet Provider.