The software provider of the mobile tools and the associated integrated website is the valuephone GmbH. For the contents, such as discounts and offers, the retailer itself is responsible.
valuephone currently offers, and will offer in the future, free services for extending the range of functions of mobile phones, in particular:
I. General Conditions
1. Registration and Login Data
1.1 In order to use the Services, the subscriber must register ("Initial Registration") on the website www.valuephone.com. Depending on the individual Services utilised, the subscriber will be prompted to enter certain data ("Registration Data") during Initial Registration.
1.2 During Initial Registration the subscriber must choose a username and password ("Login Data") to identify him/her to valuephone and all valuephone partners as an authorised user of the Services.
1.4 After registration is complete the subscriber shall be allocated a personal area ("User Account") to utilise the Services and to manage his/her Registration Data. In order to access the User Account the subscriber must enter the Login Data.
1.5 Persons aged 14 years or over are authorised to use the Services. This does not include Mobile Payment which may only be used by persons aged 18 or over. Subscribers who are under age are only authorised to use the Services after the prior consent of their legal guardian.
2. Registered Telephone Numbers
2.1 The subscriber may register up to three mobile telephone numbers to use the Services ("Registered Telephone Numbers"). The subscriber may add, change or delete Telephone Numbers at any time via the User Account.
2.2 The subscriber undertakes to delete immediately any mobile telephone numbers he/she is not authorised to use via the User Account.
3. Use of valuephone Services
3.1 The Services are provided by valuephone voluntarily and free of charge.
3.2 valuephone guarantees annual mean availability of the Services of 99%. This does not include periods during which the server cannot be accessed for technical or operational reasons that are not within valuephone's sphere of influence, particularly in cases of force majeure or faults of third parties. valuephone may limit the provision of Services if this is necessary for the security of the website, the software or the data transferred while using the Services.
3.3 Neither the Inital Registration nor the subsequent use of Services from valuephone constitutes a claim on the part of the subscriber to use the Services. valuephone is authorised to change or temporarily or permanently suspend individual Services at any time and without prior notification.
4. Technical Requirements of the Services
4.1 Use of the Services requires the transfer and installation of special software for mobile phones ("valuephone Software") onto the subscriber's mobile phone. In order to be able to use the Services, the subscriber must download the valuephone Software from the website www.valuephone.com and install it onto his/her mobile phone in accordance with the instructions on the website www.valuephone.com. There are specific Software versions for various phone models. For some models, suitable Software cannot be offered for technical reasons. If there is no Software available for the subscriber's mobile phone, the subscriber cannot use the Services. However, valuephone aims to offer Software for as many different types of mobile phone as possible. As the range of products on the market for mobile end devices is constantly changing, valuephone cannot offer an up-to-date list of all mobile phones able to use the Services.
4.2 For the use a compatible phone is required. The compatibility of each mobile phone is presented to the subscriber in the availability summary in the Help/FAQ section.
5.1 valuephone shall not charge the subscriber any fee for providing the services.
5.2 Installation of the Software and use of the Services requires regular transfer of data between the subscriber's mobile phone and valuephone. The range and frequency of data transfer depends on the type and extent of the Services used. The subscriber shall carry the airtime costs accrued for the transfer of data. The amount depends on the contract between the subscriber and the mobile phone service provider.
5.3 The costs of setting up an internet connection, as well as its maintenance on the part of the user, are not part of valuephone's Services. Solely the contractual obligation between the subscriber and his/her internet provider is responsible for this.
6. Data Protection and Data Loss
valuephone undertakes no guarantee that data transferred while using the Services will be permanently saved. The subscriber guarantees that all data transferred to valuephone is duly backed up. valuephone undertakes no responsibility for any data loss caused by deleting data on valuephone’s servers, unless valuephone caused such a data loss wilfully or through gross negligence.
7. Duties of the Subscriber
7.2 The subscriber undertakes to protect the Login Data from being accessed by third parties. When entering the Login Data it must be ensured that these cannot be read by third parties. If the subscriber becomes aware of any misuse of his/her Login Data or suspects such misuse, he/she undertakes to inform valuephone immediately and to change the password.
7.3 The subscriber must protect the mobile phone and the Software saved on it with special care in order to prevent them from being lost and thus to prevent Services being misused.
8. Rights of Use of the Software
8.1 The valuephone Software and the content on the website www.valuephone.com are protected by copyright.
8.2 After registering, the subscriber is authorised to use the valuephone Software and the content offered on the website www.valuephone.com in order to utilise the Services in accordance with the Terms for his/her own purposes. valuephone grants the subscriber a simple right of use unrestricted by place to the extent necessary to use the Services. The right of use is limited to the duration of this licence agreement. Any use which goes above and beyond this is not permitted without the prior written consent of valuephone. Copyright notices and trademarks may be neither changed nor removed.
8.3 The valuephone Software may only be transferred and installed on to the subscriber's mobile phone via the website www.valuephone.com. The subscriber is not permitted to pass on the valuephone Software him/herself (e.g. transfer via Bluetooth from one mobile phone to another).
8.4 The subscriber undertakes to install the updates offered by valuephone. The subscriber will be informed accordingly by valuephone while using the Software, as soon as the subscriber has established an internet connection using the Services from valuephone.
9. Warranty and Liability
9.1 For damages caused by a fault in the valuephone Software or Services (material defects) or defect of title, valuephone shall only be liable if valuephone fraudulently conceals the defect. This shall also apply to indirect damages, consequential harm caused by a defect and lost profit.
9.2 In all other cases, valuephone shall only be liable for wilful intent and gross negligence.
9.3 Any claims from the subscriber on the basis of imperative provisions of the law, particularly the Product Liability Act, as well as in the event of an acceptance of a guarantee, shall remain unaffected.
9.4 Any other liability on the part of valuephone, on whatever legal grounds, is excluded.
10. Data Protection
With regard to gathering and processing personal data, the terms of valuephone's Data Protection Statement shall apply.
11. Ending the Licence Agreement
11.1 The subscriber is authorised to end the licence agreement with valuephone at any time without stating reasons by activating the "Delete Login" function in the general settings. All data stored in the user account will be deleted within a period of 10 days automatically and completely.
11.2 valuephone is authorised to end the licence agreement at any time without stating reasons, subject to a term of two weeks. The cancellation may be made in writing, by e-mail or by SMS.
11.3 In the event that the licence agreement is ended, after the deadline the subscriber's Login Data shall be permanently deactivated and his/her data shall be deleted.
13. Final Clauses
13.2 The place of performance shall be valuephone's business location. If the customer is a business customer or body corporate organised under public law, or has no general residential or business location in the Federal Republic of Germany, the competent court for all legal disputes in connection with this contract shall be Schoeneck.
II. Special Terms for Using Mobile Payment
14.1 Activating Mobile Payment
14.1 In order to use Mobile Payment, this Service must be activated via the website www.valuephone.com for each of the subscriber's telephone numbers ("Activated Telephone Numbers"). They can be activated during Initial Registration or at a later date.
14.2 Mobile Payment may only be used by subscribers who are at least 18 years of age and who resides in the European Union and has a bank account with a European bank.
14.3 Before activating Mobile Payment the subscriber will be prompted to enter personal and bank account information ("Registration Information for Mobile Payment") as well as set a Personal Identification Number ("PIN") for the authorisation of individual payments. The PIN can be changed at any time in the general settings globally for all in the user account registered mobile phones. The subscriber undertakes to enter the Registration Information for Mobile Payment correctly and in full. valuephone will exclude subscribers that give incorrect information from using the Services.
14.4 valuephone may refuse to activate Mobile Payment for a subscriber at any time, without stating reasons.
14.5 valuephone shall inform the subscriber by e-mail of successful activation of Mobile Payment. On activation the subscriber shall receive a Personal Account Number ("PAN"). The PAN identifies the subscriber when using the Mobile Payment Service and is saved on the subscriber’s mobile phone.
14.6 The subscriber is not permitted to change the PAN saved on the mobile phone or transfer it to another mobile phone. If the subscriber wishes to use Mobile Payment via further telephone numbers, they must be registered separately in accordance with the aforementioned Item 2 via the website www.valuephone.com.
14.7 The use of Mobile Payment is only possible for retailers participating in the Mobile Payment Programme from valuephone (referred to as "Participating Retailers" in this Item II).
15. Payment via Mobile Payment
15.1 Payments via Mobile Payment are made by presenting and scanning one or more User Idents or via the NFC Interface of the mobile phone at the cash desk of the participating Retailer. The subscriber must confirm this amount by entering the PIN into the mobile phone ("Release for Payment"). The Release for Payment is made by anew placing the NFC Interface of the mobile phone on to the NFC reader resp. by scanning the User Ident by means of the scanner at the cash desk of the Retailer. With the Release for Payment the subscriber authorises the Retailer to debit the amount owed from the customer's bank account specified in the Registration Information for Mobile Payment ("Direct Debit Authorisation"). Payment is handled by the Online Debit Procedure ("ODP") via a clearing house (f.e. the easycash GmbH in 40885 Ratingen). The release of payment amounts in excess above a limit set out by law shall only be accepted if the subscriber has already issued valuephone or the retailer with a general written Direct Debit Authorisation.
15.2 The subscriber's opportunities to object to a payment made by direct debit at the expense of his/her account depend on the agreements made between the subscriber and the account-holding bank.
15.3 In the event that a direct debit payment is not honoured due to a lack of funds or due to the subscriber objecting to a direct debit payment, the clearing house shall record these facts in a lock file and send it to other companies affiliated with the OLV Procedure of the relevant clearing house. In this case, continued use of Mobile Payment is prevented until the amount invoiced is settled or until the legitimacy of the subscriber’s objection is proven. The same shall apply if and as far as the sales limit agreed between a Retailer participating in an OPD Procedure and the relevant clearing house is reached.
16. PIN Privacy and Blocking Mobile Payment
16.1 The subscriber undertakes to ensure that no other person obtains knowledge of the PIN. In particular, the PIN should not be noted on the mobile phone or kept together with the mobile phone in any other way. The subscriber undertakes to refrain from passing the PIN on to third parties in any way or making it accessible to third parties in any way. When entering the PIN the subscriber must ensure that it cannot be seen by third parties.
16.3 If the subscriber ascertains that a mobile phone used for Mobile Payment has been lost, he/she must inform valuephone immediately at www.valuephone.com, specifying the mobile number and the User Account. valuephone will then block Mobile Payment for the subscriber ("Notice of Loss"). Due to the transfer and processing time required, the block will not take effect until one hour after the Notice of Loss has been received. If the SIM card is blocked by the subscriber’s mobile phone provider, this will not block Mobile Payment; payments via Mobile Payment will therefore still be possible even after successfully blocking the SIM card.
III. Special Terms for Using Mobile Coupons, Available via the Link "My Shopping" at www.valuephone.com
17. Activating Mobile Coupons
17.1 In order to use Mobile Coupons, these Services must be activated via the website www.valuephone.com for the subscriber’s User Account. They can be activated during Initial Registration or at a later date. Telephone numbers that are activated for the use of Mobile Payment can also be activated for the use of Mobile Coupons without the user having to register them separately.
17.2 Mobile Coupons can only be used for bonus and coupon systems within a relevant co-operation agreement with valuephone ("Participating Coupon Systems"). An up-to-date list of Participating Coupon Systems is available on the website www.valuephone.com.
17.3 The subscriber can choose via the User Account for which Participating Coupon Systems he/she would like to use Mobile Coupons (hereinafter "Activated Coupon Systems"). The use of Participating Coupon Systems, in particular the type and extent of granting bonus points (hereinafter "Points"), and of redeeming premiums, rebates and refunds etc (hereinafter reffered to as "Coupons"), is based exclusively on the Conditions of Participation of the relevant system operator.
17.4 Use of Mobile Coupons is only possible at Retailers participating in the Mobile Coupons programme from valuephone (referred to as "Participating Retailers" in this Item III).
18. Collecting and Managing Points, Redeeming Coupons
18.1 The subscriber can review and manage Points credited while using Activated Coupon Systems via the User Account.
18.2 The subscriber can collect points using the registered mobile phone at Participating Retailers. This is achieved by presenting and scanning a User Ident or via the NFC Interface of the subscriber's mobile phone at the cash desk of the retailer. The points collected will automatically be saved in the relevant Points Account in the subscriber' User Account.
18.3 The subscriber can transfer Coupons to his/her mobile phone and redeem them at participating Retailers. They are redeemed via the mobile phone's NFC Interface or by presenting and scanning a User Ident on the mobile phone at the Retailer’s cash desk.
19. Deleting and Blocking Coupons, End of Participation in the Coupon System
19.2 The subscriber undertakes to redeem all Coupons in good time before ending the Licence Relationship or the use of Mobile Coupons. After ending the Licence Relationship or the use of Mobile Coupons, the Coupons saved on the mobile phone can no longer be used.
Valid as of: July 2010
We place a high value on protecting the personal data of our subscribers. We always collect and process your personal data strictly in accordance with the terms of Data Protection Law, in particular the Telemedia Act (TMG) and the Federal Law on Data Protection (BDSG).
This Data Protection Statement describes how your personal data is processed when using our Services. The terms specified under Item 1 govern general issues regarding processing your personal data, regardless of which of our Services you are using. Items II to V then govern additional data processing required for the "Mobile Payment" Service, the portal function "Recommend" and the Services that can be installed in the valuephone portal under "My Services" and "My Shopping".
I. General Terms Regarding Processing Personal Data
1. Data Processing When Visiting Our Website
Every time our website is accessed, we automatically receive certain technical information, such as the browser type and version you are using, the operating system you are using, the website you previously visited (so-called referrer URL) and your IP address.
This data is automatically saved in the log files of our server. It is only possible to assign the aforementioned data to you if you register on our website. In this case we reserve the right to merge this data with your registration data and to save it for the duration of the Licence Relationship. We only create user profiles subject to Item 3 below.
This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site.
The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.
By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
2. Processing Your Registration Data
When first registering on our website, various personal data must be specified ("Registration Data"). Some information can be voluntarily specified, other information must be specified. We will save this data for the duration of your registration on our systems. You can review and change the Registration Data we currently have saved in your User Account on our website under "Settings".
We handle all Registration Data confidentially. Generally, data shall not be passed on to third parties unless otherwise expressly specified in this Data Protection Statement, or unless passing on data is required to fulfil a legal obligation or regulation of a competent government body, or unless you have previously agreed that your data may be passed on.
3. Creating User Profiles
We reserve the right to create user profiles for purposes of advertising, market research or tailoring our Services. For this purpose we exclusively use pseudonyms. Such user profiles shall not be merged with data allowing you to be identified unless this identification is required to answer a request for information made by you. You are authorised at all times to object to the creation of user profiles, by deleting you valuephone user account in the global settings
Our e-mail newsletter contains information about new Services and current developments on our platform. You shall receive the newsletter by registering on our website, unless you unsubscribe from it. You can unsubscribe from the newsletter at any time in your user area on our website under "Settings" or by e-mail at the e-mail address email@example.com. You shall incur no costs for unsubscribing except for the general costs of connecting to the internet.
5. Consent and Right to Revoke At Any Time
By registering for our Services you are declaring that you agree to the processing of your data described in this Data Protection Statement ("Consent"). You are authorised to revoke this Consent at any time with effect for the future, by deleting your valuephone user account in the global settings.
If you have further questions about the personal data stored about you or your pseudonym or the processing, we will gladly give you free information via the e-mail address firstname.lastname@example.org.
II. Special Terms Regarding Processing of Personal Data When Using Services that Must Be Installed Under "My Services"
All Services that must be installed under "My Services" offer you the opportunity to save personal data and information in a central location in the mobile phone and in the valuephone portal and to synchronise it with the mobile phone.
You personal data shall only be saved, changed or deleted from our servers, or transferred to the end devices registered by you, on your request by using the relevant functions on the internet platform. We only make available the technical requirements and the corresponding Services offered by valuephone under "My Services". You are responsible for compliance with the legal provisions, in particular Data Protection Law, with regard to collecting and using your data. We shall not access or independently process your data. In the event that the Licence Relationship is ended, all personal data that has not already been deleted by you shall be automatically removed from our systems.
III. Special Terms Regarding Processing of Personal Data When Using the Mobile Payment Service
1. Bank Account Details and Personal Account Number ("PAN")
When the mobile phone number is activated for the Mobile Payment Service we will send your name, your bank account details and your PAN to a clearing house to handle the payment. The clearing house will save this data and use it to handle payment transactions within Mobile Payment.
For each payment in Mobile Payment the clearing house will save your account number, the sort code of your bank and the amount to be paid by you.
If you use Mobile Payment again at a Retailer that is affiliated with the Online Debit Procedure (ODP) of the relevant clearing house, the clearing house can notify this Retailer if certain sales limits set by the relevant Retailer are reached. All sales data will be deleted one month after it is saved.
2. Blocking Note from the Clearing House
In the event that payments made by direct debit are not honoured due to a lack of funds or due to an objection of the direct debit payment, the clearing house shall save these facts in a lock file and send them to other companies that are affiliated with the ODP procedure of the relevant clearing house ("Blocking Note"). The Blocking Note shall be deleted by the clearing house after the amount invoiced has been settled or after the legitimacy of the objection has been proven.
3. Authorisation to Pass On Address
By agreeing to this Data Protection Statement you are irrevocably instructing your bank to provide the relevant Retailer or clearing house with your name and address on request if a payment made by direct debit is not honoured or is objected to, in order to assert the claims against you.
IV. Special Terms Regarding Processing of Personal Data When Using the Mobile Coupons Service that Must Be Installed Under "My Shopping"
In order to use the Mobile Coupons Service, personal data must be exchanged between valuephone, the operators of the relevant coupon systems and the Retailers affiliated with these systems. Which individual items of your personal data are sent depends on the Conditions of Participation of the relevant coupon system.
V. Special Terms Regarding Processing of Personal Data When Using the Portal Function "Recommend".
In order to use the function "Recommend", which you can use in various places in the portal to inform internet users about valuephone's Services, your e-mail address and name, or your telephone number if sent by SMS, shall be sent to the recipient.
Valid as of: July 2010