Terms & Conditions
Akruu is a program provided by Loylogic ("Loylogic"). The use of the Akruu website ("the Site") is exclusively for Akruu members who are over 18 years of age and can enter into legally binding agreements under the applicable law. The rules relating to the use of Akruu are governed by the laws of Switzerland.
1.1 Acceptance of Terms and Conditions:
By accessing the Site and making transactions via the Site, specifically by clicking the "I AGREE" and similar buttons, you expressly indicate your acknowledgment and acceptance of the rules applicable to Akruu and the Privacy & Cookies Policy.
1.2 Acceptance of Electronic Communication:
You consent to receive service communications, including purchase confirmation, from Loylogic and the independent merchants by email and agree that such electronic communications satisfy any legal requirements that such communications be in writing. If you do not wish to receive service triggered emails, you must stop using the Site and request deletion of your membership – please refer to the Privacy & Cookies Policy for more information.
1.3 Earning Loyalty Program Points/Miles:
1.3.1 By using the Site, you can earn miles/points ("Points") from the loyalty program you select upon registration (“Loyalty Program”) with the Site for transactions made or activity conducted by you through the Site for as long as your selected Loyalty Program is registered with the Akruu program. The types of transactions/activities (“Modules”) available to you and from which you can earn Points will vary depending upon your chosen Loyalty Program and may be updated from time to time. Current Modules include some (or all) of the following:
- Purchasing products and/or services from merchants advertising on the Site directly (see sections 1.4 and 1.5 below);
- Buying Points via a payment card;
- Donating money to charities listed on the Site;
- Responding to surveys or giving feedback/reviews via the Site (see section 1.6);
- Successfully referring a friend to the Site; and/or
- The chance to win Points for carrying out some/all of the activities above (see section 1.7).
1.3.2 The number of Points that you can earn with each transaction/Module are as set out on the Site. However, the credited number of Points may vary from the amount as indicated on Site at the time of purchase due to applicable exchange rates. Loylogic has the right, at any time and at its sole discretion, to change the amount of Points earned with a transaction and/or remove or include new Modules.
1.3.3 The Points will be credited to your Loyalty Program account within the timelines set out on the Site. If your Points are not credited to your account in time, please raise a Claim Missing Points report from the ‘My Transactions’ page.
1.4 Rules relating to Purchases:
1.4.1 Payment: Purchases may be made using a valid credit or debit card only. The Site uses a secure Credit Card Internet Gateway Service (3D Secured/Verified by Visa). The amount as indicated on the Site for the respective purchase will be collected by Loylogic on behalf of the merchant.
1.4.2 Prices: Where indicated, prices on the Site include shipping fees. In addition, for some purchases, you may have to pay local duties and taxes, for example, VAT and/or luxury taxes. Please check with your local authorities prior to placing your order.
1.4.3 Returned, Delayed and Defective Goods: By purchasing goods on the Site you expressly agree and accept that any claim, compensation or damage for failed, wrong or delayed handling and for returned, defective or faulty goods can only and exclusively be made against the relevant merchant, in accordance with the merchant’s applicable terms and conditions. Any complaints for failed, wrong or delayed deliveries or returned, defective or faulty goods must be addressed directly and exclusively to the merchant. Any refunds will be in the same form and currency as the original method of payment. In the case of (i) returns in accordance with the applicable terms and conditions of the relevant merchant, or (ii) unsuccessful delivery due to your fault (e.g., insufficient or incorrect delivery address or no physical acceptance of goods at delivery address) you may be charged with any incurred credit card fees, additional shipping and handling fees, and any other taxes and expenses in connection therewith.
1.4.4 Delivery times indicated on the Site are non-binding estimates only. Delays can occur for various reasons. You cannot withdraw from a purchase or get compensation due to delivery times exceeding the estimated delivery time indicated on the Site.
1.4.5 Other than as expressly specified in this section 1.4.5, vouchers and gift certificates will not be replaced if lost, stolen, destroyed or expired.
1.5 Relationship between You and Merchant:
Goods and services are supplied by independent merchants who make the same available to you directly to you via the Site. When you make a purchase via the Site, you directly enter into an agreement with the respective merchant. Loylogic provides the access and the technical platform for you to purchase items directly from the merchant. You agree and acknowledge that each merchant’s separate terms and conditions will apply to any purchase made via the Site. 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. Loylogic does not become a party to the transaction between you and the merchant. Loylogic strongly recommends that you familiarise yourself with merchants’ terms and conditions prior to making a purchase.
1.6 Additional Terms applicable to Surveys:
Surveys are managed by external survey content providers. Please refer to the Privacy & Cookies Policy for more information about how survey data is collected and processed.
1.7 Additional Terms applicable to Win Points draws
1.7.1 If your selected Loyalty Program subscribes to this Module, for each activity you complete via an Akruu Module, you will be entered into each of the following draws (one entry into each draw per activity):
- Monthly Draw – you will be entered into the monthly draw each time you complete an activity in the same month. 10 prizes of 1,000 Points available every month
- Quarterly Draw – you will be entered into the quarterly draw each time you complete an activity in the relevant quarter.5 prizes of 10,000 Points available every quarter.
- Bi-annual Draw – you will be entered into the bi-annual (six monthly) draw for each activity you complete in the relevant period.1 prize of 100,0000 Points available every six months.
1.7.2 Points won are subject to the winner’s Loyalty Program’s rules. Prizes cannot be transferred, redeemed for cash or substituted by winner. Loylogic reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described herein is unavailable or cannot be awarded, in whole or in part, for any reason. No substitution or transfer of a prize is permitted except by Loylogic.
1.7.3 Draw organiser is Loylogic and draws will take place within ten (10) business days after the end of the relevant draw period. Winners will be drawn at random by an independent notary or public official and the decision shall be final. Winners will be notified within 48 hours of the draw date to the email address provided on registration. Prizes will be awarded within the winner’s Loyalty Program’s usual timescales – Loylogic shall bear no responsibility for late posting of Points. Prizes unclaimed after six (6) months may be forfeited or re-drawn at Loylogic’s discretion.
1.7.4 Entry into draws or the winning or claiming of prizes is not open to Loylogic staff or their relatives, Loylogic affiliates, subsidiaries or directors, or for any Akruu members located in jurisdictions where such draws are prohibited by law or regulation – see section 1.8 below. Prize winner may be required to provide proof of eligibility to participate. Failure to provide reasonable proof requested by Loylogic may lead to forfeiture of the prize.
1.7.5 Unless you notify Loylogic otherwise, the information you provide when signing up to Akruu will be used by Loylogic to administer the draw(s), including entering your information into the draw, notifying you in case of a win, allocating prizes together with the relevant Loyalty Program and publishing your information in a winner’s list. Please refer to Loylogic’s Privacy & Cookies Policy for details on how to opt out of automatic draw entry.
1.8 Use of Akruu:
You may only use Akruu to make non-commercial, legitimate reservations or purchases and shall not use the site or Akruu for any other purposes, including making any speculative, false or fraudulent reservations or purchases. Items on Akruu are subject to availability at the time of purchase. By accessing and/or using Akruu, you authorize Loylogic to consider any person using your information a legitimate user. Items can be purchased only by Akruu members personally. Members/legal guardians must ensure that the log-in details are not used illegally. Loylogic bears no responsibility for any consequences of illegal use of personal details. Loylogic reserves the right to terminate membership in cases of misuse at its sole discretion.
1.9 Restriction on Use:
Due to local laws and regulations, Loylogic reserves the right to exclude members in certain jurisdictions from making transactions on the Site or entering into draws. By making transactions via the Site or entering into draws, you confirm that you are not breaching any laws in your country regarding the legality of such use. Loylogic will not be held responsible (i) for the exclusion of Akruu members from certain jurisdictions and (ii) if you use the Site unlawfully. If in any doubt you should check with the relevant authorities in your country.
1.10 Customer Service:
For questions related to the products purchased in Akruu or to your order, please contact the relevant merchant. For general questions related to Akruu please contact the Akruu member Service at firstname.lastname@example.org
2. Personal Information:
2.1 Sharing of Information: The data collected through Akruu is governed by Loylogic’s Privacy & Cookies Policy. In order to process any purchase transactions or conduct other activities via the Site, you will have to transmit certain personal information, including your name, home and email address, phone number and credit card information. By providing such information you consent to Loylogic sharing certain of that information with merchants and third-party providers as necessary to process and complete the required transaction, including advising your Loyalty Program of the number of points to be credited to your Loyalty Program account. Loylogic shall not be liable for any wrong personal information received or obtained from you.
2.2 Consent to Transfer and Use: You further acknowledge and agree that by providing Loylogic with any personal or proprietary information, directly or indirectly through the Site or via your Loyalty Program, you consent to the transmission of such personal or proprietary information over international borders as necessary for processing the relevant transactions in accordance with the Privacy & Cookies Policy.
3. Limitation of Liability:
3.1 Contracting Party: When purchasing items through the Site you enter into an agreement with the relevant merchant of the product, and not with Loylogic. You expressly acknowledge and agree that merchants are independent contractors and not employees or agents of Loylogic. Loylogic is not liable for the acts, errors, omissions, representations, warranties or negligence of the merchants. Loylogic 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 items. As far as permissible by applicable law, Loylogic hereby disclaims any product or other liability, whether based on contract, tort, computer misuse, privacy, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the items provided by any merchant through the Site, 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 or indemnify Loylogic from any liability with respect to the same. To the extent permitted by law, Loylogic excludes all liability to you or any other person of whatsoever nature in respect of any negligence, wilful 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.
3.2 No Warranty: Loylogic does not warrant or represent that the content on the Site is complete, accurate or up-to-date. Loylogic is under no obligation to update any content on the Site. Loylogic may change the content on or make improvement or changes of the Site at any time without notice. The information, products and descriptions published on the Site may include inaccuracies or typographical errors, and to the extent permitted by law, Loylogic specifically disclaims any liability for such inaccuracies and errors.
3.3 Limitation of Liability: You agree that Loylogic and any of its respective officers, directors, employers, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any direct, 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 with the delay or inability to use the Site or a linked Site, even if Loylogic is made aware of the possibility of such damages. This limitation of 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 labour problems or any force majeure. Loylogic cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
3.4 Legal Remedies: Loylogic reserves the right to seek all remedies available at law and in equity for any misuse of the Site and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing the Site.
4. Copy Rights & Trade Marks:
The trademarks, logos and service marks (collectively "Marks") displayed on the Site are the property of Loylogic or of the merchant 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 the Shop Operator 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 Site, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.
5. Confidentiality of Personal Information:
Access to and use of password protected and/or secure areas of the Site are restricted to authorized persons only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. You are responsible for maintaining the confidentiality of your personal information, including your account and password, and for restricting access to your computer to prevent unauthorized access to the Site. 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 password is kept confidential and secure and should inform Loylogic 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.
6. Exchange Rates:
All exchanges rates displayed on the Site in connection with any purchase transactions are under license from XE.com or any other applicable service provider.
You agree to indemnify Loylogic or merchant, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach of these rules, or for any materials in any form whatsoever that are provided by you (or through your user ID and/or password). You agree to cooperate as fully as reasonably required in our defence and/or settlement of any claim. Loylogic reserves in their reasonable discretion the right to assume exclusive control over the defence and settlement of any matter subject to indemnification by you.
8. 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.
You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Loylogic may assign their respective rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.
10. No Waiver:
The waiver by either party hereto of a breach or default of any provision of this Agreement by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of either party hereto to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
11. Entire Agreement:
These Terms and Conditions and the Loylogic Privacy & Cookies Policy represent the entire agreement between you and Loylogic, and supersede all prior or contemporaneous agreements or representations, written or oral, concerning Akruu (including without limitation, earlier versions of these Terms and Conditions that may have been accepted by you through the Site). Loylogic reserves the right to modify these Terms and Conditions at any time. Your non-termination and continued membership in Akruu after notice of any modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof. You acknowledge that the most recent version of the Terms and Conditions will be located on the Site. No other act, document, usage or custom will be deemed to amend or modify this Agreement.
12. Terms and Conditions Updates:
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.
13. Payment Card Transactions:
Payment card transactions are processed by Loylogic Inc, Seestrasse 78, 8703 Erlenbach, Switzerland.