Akruu Terms of Use
Akruu is a program provided by Loylogic Rewards FZE and its affiliates, ("Loylogic"). The use of the Akruu website ("the Site") is exclusively for Akruu members who can enter into legally binding agreements under the applicable law. The rules relating to the use of Akruu are set out below.
1.1 Acceptance of Terms and Conditions:
By accessing the Site and making transactions with merchants appearing on the Site, specifically by clicking the "I AGREE" and similar buttons, you expressly indicate your acknowledgment and acceptance of the rules applicable to Akruu.
1.2 Acceptance of Electronic Communication:
In order to receive service emails relating to any transactions made through Akruu, you are required to opt-in for service emails. By opting in to receive service emails, you consent to receive communications on estimated points earned for eligible transactions made through Akruu from Loylogic. In addition, by opting in to receive marketing communications, you consent to receive communications from Loylogic, and you agree that such electronic communication satisfies any legal requirements that such communication be in writing. However, you agree not to hold Loylogic liable for any communication that occurred regardless of whether you chose to opt-in, chose to opt-out, or did not choose either option, and you further agree not to hold Loylogic liable for any communication initiated directly or indirectly from independent merchants.
1.3 Earning Loyalty Program Points/Miles:
1.3.1 By using the Site, you can earn miles/points from the Loyalty Program you select upon registration (the "Points") for transactions made or activity conducted by you through the Site for as long as your selected Loyalty Program is opted into the Akruu program. The types of transactions/activities available to you and that can earn you Points will vary depending upon your chosen Loyalty Program and may be updated from time to time. Currently these include some (or all) of the following:
- Purchasing products and/or services from merchants advertising on the Site directly;
- 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); and/or
- Successfully referring a friend to the Site.
1.3.2 The number of Points that you can earn with each transaction/interaction 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.
1.3.3 The Points will be credited to your chosen Loyalty Program account within the timelines set out on the Site. If your Points are not credited to your account in time, please contact
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. For some purchases you may be charged for shipping fees, and in addition may bear 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 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.
1.8 Restriction on Use:
Due to local laws and regulations, Loylogic reserves the right to exclude members from certain jurisdictions from making transactions on the Site. By making transactions via the Site, you confirm that you are not breaching any laws in your country of residence 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 of residence.
1.9 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 support@akruu.com
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 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. You further consent to the use of such personal data on an anonymised basis for statistical objectives.
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, 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.
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 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 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 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 referred to as "Marks") displayed on the Site are collectively the intellectual 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 Loylogic or such other party which may own the Marks. All information and content including any software programs available on or through the site (collectively referred to as "Content") is copyright protected. 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.
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. Site Operator
Loylogic is the operator of the Akruu program. For cancellation of an order and in case of questions, please contact Loylogic Inc., Freihofstrasse 22, CH-8700 Kuesnacht, Switzerland, Tel: +41 43 500 5155, e-mail support@akruu.com
7. 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.
8. Indemnification
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.
9. Governing Law
The validity, construction and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of Switzerland, excluding its conflicts of laws principles.
10. Assignment
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.
11. 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.
12. Third-Party Relief
Each merchant is hereby expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you.
13. Entire Agreement
These Terms of Use and the Loylogic Privacy & Cookies Policy represent the entire agreement of the parties hereto with respect to Akruu, and supersede all prior or contemporaneous agreements or representations, written or oral, concerning Akruu (including without limitation, earlier versions of these Terms of Use that may have been accepted by you through the Site). Loylogic reserves the right to modify this Agreement 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 of Use will be located on the Site under Terms of Use. No other act, document, usage or custom will be deemed to amend or modify this Agreement.
