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Terms & Conditions
These Terms and Conditions constitute a legal agreement between you and Wecheer SA, a company established under the laws of Switzerland with the IDE No CHE-304.343.601, having its registered office at Avenue Victor-Ruffy 5, 1012 Lausanne, Switzerland (“Wecheer”, “we,” “our” or “us”) and govern your use of the Opener. By accessing or using the Opener you agree to be bound by these Terms and Conditions. Therefore, please read these Terms and Conditions carefully before using our Opener.
WECHEER () is a platform for sale of IoT Smart Bottle Opener (“the Opener”) to bartenders through online and offline channels. Bartenders can download the WECHEER mobile App and sign up to use the Opener. The Opener can detect which brand of bottles are being opened and transmits it to our server over Wi-Fi. Users shall use the Opener to open beer and beverage bottles, in return of which they will get rewarded for opening certain brands of beverages that are on-promotion in WECHEER’s App. As soon as they collect enough points (Cheercoins) they can redeem them for a reward (normally a digital voucher) inside our App.
Use of the Smart Bottle Opener
The Opener is intended for opening standard size (26 mm) crown capped beverage bottles. A bartender must only open a bottle once using the Opener.
If you encounter any challenges in using the Opener, please contact our support team: a) in our App (“live chat”), b) by e-mail firstname.lastname@example.org or c) by phone +84 28 7300 7990 for assistance.
Conditions for participation
WECHEER does not place any obligation for any user to use the Opener or any of its other products. Accordingly, your participation and use of the Opener shall be voluntary and at the sole risk of the User.
WECHEER reserves the right to exclude any person from participating in its programs or using the Opener, at its sole discretion, with or without reasons.
To participate in our program, a person must:
Have attained the age of majority (18 years of age);
Have no criminal convictions.
Have access to 2.4 GHz Wi-Fi Internet;
Be regularly working in a location that is serving bottled beer;
Have the consent of their employer to participate in the program; and
Meet any other additional requirements that WECHEER may impose from time to time.
WECHEER will lend a branded WECHEER Opener to each participant for purposes of the Program. Before the Opener can be lent out, each participant must pay a deposit which shall be determined by WECHEER.
WECHEER hereby warrants that its opener is of merchantable quality and free from any defects.
You must take care of the Opener by:
Ensuring that the Opener is not exposed to liquids such as water, beer, among others. Please note that the Opener is not liquid-proof.
Refraining from exposing the Opener to extreme temperatures, both hot and cold.
Keeping the Opener clean at all times.
Keeping the Opener battery charged.
It is agreed and understood that negligent or intentional damage to the WECHEER Opener will amount to a breach of your obligations under these Terms and Conditions which may, if WECHEER deems it fit, lead to disqualification from the Program.
Disclaimer and Indemnity
WECHEER makes no warranty or representation whatsoever as to the benefits of the program, remuneration and rewards offered. The Platform is provided by WECHEER on AS IS and AS AVAILABLE basis.
You agree to hold harmless and indemnify WECHEER from any and all liability for losses or damage to yourself or any third party resulting from my participation in the Program to the fullest extent allowed by applicable law.
Title and ownership
WECHEER shall retain the ownership and title to all the Openers lent out to participants unless WECHEER agrees to sell any of its Openers to a participant, in which case the ownership and title may pass to the participant.
WECHEER reserves the right, at its sole discretion, to permanently disqualify from the Program any person who: a) violates any of the terms and conditions set out herein; b) uses the Opener in an inappropriate manner; c) uses the Program for any unauthorized purpose; and d) Unlawfully uses the Opener to cheat or in a fraudulent manner.
Cheercoins and rewards
Participants earn coins for opening a crowned cap beverage bottle, having a logo on the cap and already registered in our system.
Cheercoins are offered at the sole discretion of WECHEER. WECHEER has the right to, without limitation, change, modify or cancel Cheercoins, earning criteria, with or without notice.
During the term of program, WECHEER has the right to set the limitation of bottles opened per day along with the number of cheer coins. At present, every user can open 150 bottles maximum per day and this is subject to change from time to time.
WECHEER may terminate the reward Program, in whole or in part, with reasonable advance notice to all active Participants. If the Program is terminated, all unredeemed Cheercoins will be forfeited without any obligation or liability, and no claims will be honored after the conclusion of the notice period.
At WECHEER’s sole discretion, WECHEER may choose to substitute a similar reward program for the Cheercoins Program at any time without notice.
You may return your Opener at any time within the first year of use, and WECHEER will refund your deposit back PROVIDED THAT:
The opener is in its original undamaged condition;
The opener has not been misused; and
You have not misused WECHEER program or violated these terms and conditions at any time.
Relationship with WECHEER
Nothing contained in these terms and conditions will be construed to create the relationship of principal and agent, employer and employee, partners or joint ventures with WECHEER. Accordingly, you shall not be construed as a “workman” or “employee” in any applicable legislation or regulation.
Accuracy and privacy of personal data
You further agree to supply accurate details for your participation in the Program and undertake that you will not misrepresent your identity or affiliation.
Nothing in these terms and conditions shall operate to assign or transfer any Intellectual Property Rights from WECHEER to you. Therefore, you must not take any step to invalidate or prejudice WECHEER’S Intellectual Property Rights in the Opener, including those protected under Trademark and Copyright law.
We shall endeavor to settle all and any differences or disputes arising between us and participants of the Program in an amicable manner.
Governing law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of Switzerland. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the competent Swiss courts.
If you access the Program from locations outside Switzerland, you do so at your own risk and you are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
By signing up, you accept to receive promotions from WECHEER and its partner companies.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
WECHEER may authorize any of its subsidiaries or may mandate a third party agency to administer the program herein or any component thereof.
WECHEER reserves the right, at its sole discretion, to modify or replace these terms and conditions at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect.
If you have any questions about these terms and conditions, please contact us at the following address: Wecheer SA, avenue Victor-Ruffy 5, 1012 Lausanne, Switzerland OR by e-mail email@example.com.
Effective date of the terms and conditions: 1st day of November 2019
Last updated on: 1st November 2019.