Terms and Conditions Tikkie cashback partners
Definitions
Agreement: the Tikkie Cashback Agreement between you and ABN AMRO Bank N.V. (hereinafter referred to as “ABN AMRO”).
Campaign: a promotional activity of you in which Cashbacks are offered to participating Tikkie Users.
Cashback: a refund to a Tikkie User participating in a Campaign after a positive Verification.
Cashback Bank Account: the bank account ABN AMRO will make available to you and which you will use to maintain the Cashback balance agreed under the Agreement.
Cashback Functionality: has the meaning ascribed to it in article 4 of these terms and conditions.
Confidential Information: means (i) any information about a party that comes into the possession of the other party during the preparation and performance of the Agreement; (ii) any information that is labelled as ‘confidential’; and (iii) all other information that is or should reasonably be understood as being confidential, with the exception of all information that (a) is or becomes part of the public domain without violation of the Agreement; (b) was already known by the receiving party; or (c) was independently developed.
Intellectual Property Rights: means all intellectual and industrial property rights anywhere in the world, such as copyrights, trademarks, trade names, database rights, and trade secrets.
Tikkie: the application currently offered by ABN AMRO to the general public under that name.
Tikkie User: a consumer that uses Tikkie.
Verification: the set of rules and procedures used to determine if a Tikkie User is entitled to a Cashback. If a Verification is ‘positive’, the Tikkie User will be entitled to a Cashback. If a Verification is ‘negative’, the Tikkie User will not be entitled to a Cashback.
1. Tikkie Cashback
1.1. Tikkie Cashback is a service of ABN AMRO. Tikkie Cashback can be used for Campaigns and allows you to provide Tikkie Users with a Cashback.
1.2. Tikkie Users can request for a Cashback via Tikkie, for example by scanning a QR-code on their receipt or clicking on an external link that redirects to the Campaign. ABN AMRO will verify whether the Tikkie User is entitled to a refund. Verification will be done through the camera in Tikkie. If the Verification is positive, the Tikkie User will receive an instant confirmation containing your branding and ABN AMRO will instantly pay out the Cashback to the bank account of the customer. ABN AMRO will pay out the Cashback on your behalf and from the Cashback Bank Account.
2. Your obligations
2.1. You need to inform ABN AMRO about the settings that apply to a certain Campaign. Settings are variable per campaign and can be communicated via Tikkie or the cashback portal. Settings may include: - total duration of the Campaign; - amount per Cashback; - total amount of Cashbacks and limitations per device.
2.2. You will inform ABN AMRO about the specific product you want to include in a Campaign. ABN AMRO will need specifics on product descriptions on receipts or types of barcodes that need to be scanned.
2.3. You are responsible for determining the Verification criteria that apply per Campaign, and for timely and accurately communicating them to ABN AMRO in writing.
2.4. You will have to deposit money on the Cashback Bank Account of which the transactions can take place. You will ensure the balance for paying Cashbacks is never less than EUR 1,000.00 in addition to all other fees set out in the Agreement. You will maintain this minimum balance on the Cashback Bank Account by depositing money. If the Cashback balance is less than EUR 1,000.00, ABN AMRO will not pay out any Cashbacks until sufficient money is deposited on the Cashback Bank Account.
3. ABN AMRO’s obligations
3.1. ABN AMRO will deliver the Cashback Functionality to you.
3.2. ABN AMRO will inform you about the Cashback progress and amount of Cashbacks that have been paid out. The Cashbacks will no longer be paid out after the Campaign has reached its expiration date or one of the Campaign thresholds.
3.3. ABN AMRO will handle the Cashback on your behalf. All scans that have been verified will be immediately paid out from the Cashback Bank Account.
4. Cashback Functionality
ABN AMRO undertakes to deliver the following functionality:
Functionality that allows for Cashbacks to Tikkie Users.
Functionality that allows Tikkie Users to scan QR-codes of products offered by you.
Functionality that allows for a limitation of the number of Cashbacks per Campaign.
Functionality that allows for a limitation of the number of devices a Tikkie User can use to participate in a Campaign, the number of Campaigns, the duration of a Campaign, and the Cashback amount a Tikkie User will receive after a positive Verification.
Functionality that allows for automatic payment of a Cashback after a positive Verification.
5. Warranties
ABN AMRO warrants that the Cashback Functionality will operate in accordance with the functional requirements described under article 4. ABN AMRO does not warrant that Tikkie or any Cashback Functionality will operate uninterrupted or “bug” free. Except as expressly set out in in this article, ABN AMRO makes no express or implied warranties in respect of Tikkie or the Cashback Functionality such as fitness for a particular purpose or merchantability.
6. Reporting
ABN AMRO undertakes to provides you with the following information: - A weekly overview of the total Cashbacks that have been paid out. - A weekly overview of the total number of Campaign activations.
7. Intellectual Property Rights
All title, ownership rights, and all Intellectual Property Rights in and to Tikkie and the Cashback Functionality is and remains the sole and exclusive property of ABN AMRO.
8. Confidentiality
You and ABN AMRO undertake to keep all Confidential Information it receives a secret and not share it with any third party, except as permitted under the Agreement. You and ABN AMRO may only use Confidential Information for its performance under the Agreement. You and ABN AMRO may share Confidential Information with advisors, subsidiaries, affiliates, and third party suppliers if and to the extent (i) they need that Confidential Information in order for you or ABN AMRO to perform your or its obligations under the Agreement and (ii) they are bound by confidentiality provisions and provisions on Intellectual Property Rights no less protective than those set out in the Agreement. You and ABN AMRO may share Confidential Information if and to the extent applicable laws and regulations, a court order, or the instructions from a supervisory authority mandate such disclosure. In this case and to the extent permitted (i) you or ABN AMRO will promptly inform the other about the release of its Confidential Information by way of written notice; and (ii) not share more Confidential Information than needed.
9. Subcontractors
You and ABN AMRO may engage subcontractors in its performance under the Agreement. Each party is responsible and liable for its subcontractors’ compliance with the Agreement.
10. Liability
10.1 ABN AMRO will aim to maintain the availability of Cashback with Tikkie but does not give any guarantees. ABN AMRO cannot be held liable for loss or damage in the event that such loss or damage is the result of Cashback with Tikkie being fully or partially unavailable.
10.2. In no event are you or is ABN AMRO liable for any loss of revenue, loss of profits, loss of data, loss of goodwill or loss of business. You remain liable for paying out any Cashback that does result in the purchase of your products.
10.3. An exception to article 10.1 and 10.2 applies in the case of deliberate intent or gross negligence.
11. Fees
ABN AMRO will provide you with information on the fees charged for provision of the services. ABN AMRO reserves the right to change these fees at any time and will inform you of any such changes in good time.
12. Personal data
You and ABN AMRO are each responsible for the respective processing of personal data in compliance with any applicable data protection laws and regulations. This means, among other things, that you must have a legitimate basis for collecting personal data (for example, consent or necessary for the performance of the agreement). You must also inform the Tikkie User of the purpose for which you process personal data and of the fact that the bank is acting on your behalf as payment services provider. This information may be provided to the Tikkie User in the form of a privacy statement.
13. Changes and termination
13.1. Changes
ABN AMRO reserves the right to change or supplement these terms and conditions at any time and will inform you of any such changes at least 2 months in advance. The changes are binding after this 2-month period, unless you terminate the Agreement before the date on which the changes take effect.
13.2. Termination for convenience
You or ABN AMRO can terminate the Agreement with effect from the first working day of a calendar month by means of cancellation by email (of which ABN AMRO has confirmed receipt), with due observance of a notice period of at least one month.
13.3. Termination for cause
The Agreement can be terminated for cause if (i) the other party has been declared bankrupt or has been granted suspension of payments; (ii) the other party’s business has been discontinued; (iii) the other party has justifiably invoked force majeure (overmacht) and the period of force majeure (overmacht) exceeds or can reasonably be expected to exceed 30 days; (iv) instructed to do so by a supervisory authority; or (v) if any licenses, governmental or regulatory consents, approvals or authorizations required by a party to perform its obligations under the Agreement have been withdrawn or refused.
13.4. Consequences of termination
If the Agreement terminates (i) it will continue to remain in effect for Campaigns that are ongoing on the termination date, provided those Campaigns cannot be extended; (ii) no new Campaigns can start and (iii) the prepaid but unused portion of the Cashback Bank Account balance will be refunded.
14. Applicable law and jurisdiction
The Agreement is governed exclusively by the laws of the Netherlands, excluding its conflict of law rules. The competent court in Amsterdam, The Netherlands, will have exclusive jurisdiction over disputes arising out of or relating to this Cashback Agreement.
15. Applicability of the general terms and conditions
15.1. The General Conditions ABN AMRO Bank N.V. (Algemene Voorwaarden ABN AMRO Bank N.V.) apply in addition to these terms and conditions.
15.2. Title 7B of Book 7 of the Dutch Civil Code and other legislation and regulations implementing Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 and the preceding Directive) do not apply to the extent that it is permitted by applicable law to deviate from such legislation and regulations in agreements with non-consumers.