Terms and conditions for loyalty programs

1. Purpose of the loyalty program:

 

Delivery Hero Czech Republic s.r.o., with registered office at Smrčkova 2485/4, Libeň, 180 00 Praha 8, ID No.: 24254398 (hereinafter referred to as "foodora") is the organizer of loyalty programs that can only be participated in by registered users via the internet portal (URL) www.foodora.cz and related iOS and/or Android mobile applications (hereinafter referred to as "Platform").

 

2. Participants

 

Participation is open to all individuals who meet the following conditions:

  1. A valid and effective registration on the Platform;
  2. Legal capacity to enter into legal transactions in accordance with applicable law;
  3. Acceptance of these Terms and Conditions in accordance with clause 3 (by filling in the individual stamps).

 

3. Participation

 

The Loyalty Program is available to Users continuously through the Platform, until the moment of its termination by foodora. Foodora reserves the right to decide to cancel the loyalty program at any time. Participation in the loyalty program is open to any natural person referred to in paragraph 2) of these terms and conditions. Participation in the loyalty program is entirely voluntary.

In order to participate in the loyalty programs, it is necessary to enter the "Loyalty Program" section (hereinafter referred to as the "Section") on the Platform, where you can see selected virtual contests hiding various stamp cards, by completing which the user can win the prizes depicted. You may also participate in the loyalty programs through pop-up banners on the Platform, if displayed by the Platform.

Once you have selected the Stamp card you wish to fulfill in the Section, pressing the "Get Started" button will take you to a page with further details about that Stamp card (e.g. how many orders the User has to make to obtain each Stamp card fulfillment stamp and/or the time remaining to fulfill the Stamp card and/or other binding Stamp card conditions). Only orders received via the Platform will count towards the Stamp cards started. Cancelled orders are not counted towards stamp cards.

Representative example: To fulfill the selected stamp card, the user will be obliged to collect one stamp by making one order worth 200,- CZK excluding the shipping cost.

Once the user has collected all the stamps in the stamp card, the stamp card is completed and the user will be interactively notified that the stamp card is fulfilled.

 

4. Prices

As part of the completion of the Loyalty Program Stamp cards, the User may win (i) physical prizes, (ii) points that may be redeemed for scratch cards (iii) discount codes through which the User may receive a discount on purchases on the Platform. Each discount code contains more detailed information about the conditions for redeeming it. Discount codes are not physically issued and cannot be printed. They can only be redeemed through the Platform.

The User will be credited with the prize won by fulfilling the stamp card. If it is a stamp card in which the user receives a discount code, the discount code will be automatically credited to the user's Platform account upon successful completion of the stamp card.

For physical prizes, if the user successfully completes the prize, the user will be redirected to a page where they enter their address and it will be processed along with their other details for the purposes of delivering the physical prize to that address. If the user does not provide his/her address within 30 days, the prize will be forfeited.

The history of all activities is displayed in the "Points Earned" section.

Foodora reserves the right to substitute, remove, add or modify any of the prizes offered without giving reasons.

Points for a fulfilled Stamp card will be added to your user account no later than 8 hours after the last order you fulfilled for that Stamp card is received. Accumulated points are subject to an expiration period of no more than 1 calendar year from the date the points are awarded. The user is entitled to redeem the points for the fulfilled stamp cards for the scratch tickets offered, and the wiping of the scratch ticket will reveal the prize.

 

5. Liability

 

All liability of foodora to the participants of the loyalty program is excluded to the maximum extent permissible under the provisions of the relevant valid and effective legislation in connection with their participation in the loyalty programs. Without prejudice to the general exclusion of liability under the preceding sentence, each Loyalty Program Participant acknowledges and agrees that foodora shall not be liable or responsible for any errors, damages or irregularities that may occur in the provision of discounts and other prizes or the sending of information if caused by a connection failure or other error or omission resulting from electronic communication problems, data transmission, congestion or internet connection or any other cause not caused by foodora.

 

6. Exclusion from the competition

 

Foodora reserves the right, without prior notice, to exclude persons violating the terms and conditions from the loyalty program and prevent them from further participation in the loyalty program. All users who use prohibited means to participate (e.g. hacking tools, viruses, Trojan horses, etc.) will be excluded. Other actions that are contrary to good morals and are capable of affecting the loyalty program as a whole are also prohibited.

 

7. Early termination

 

Foodora reserves the right to terminate the loyalty program (any Stamp card) without prior notice, even without giving a reason. This provision also applies to points awarded, if any, and/or any other consideration awarded to the loyalty user.  Cancellation will occur in particular:

  1. for technical reasons (e.g. viruses in the system, hardware or software tampering or failure, etc.); or
  2. if the terms and conditions of the loyalty programs could not be implemented in view of the requirements of the relevant legislation.

If the cause of termination is the unlawful and culpable conduct of the Participant, Foodora shall be entitled to claim compensation from the participant for any damages incurred.

Foodora also reserves the right to replace, remove, add or modify any of the prizes offered without giving reasons.

 

8. Taxation

 

The relevant provisions of the tax regulations shall always apply to the respective prizes in the loyalty program. The prize (its value) may be subject to withholding tax. For this reason, the winner must provide foodora with the necessary information upon request prior to accepting the prize in order for foodora to comply with its potential tax obligations in relation to the prize. foodora reserves the right to request proof of identity in this regard. Other than this tax, the winners' other tax obligations are their own responsibility and foodora has no further obligations in this regard.

 

9. Disputes

 

The Czech Trade Inspection Authority ("ČOI") is the competent authority for the out-of-court settlement of disputes between the foodora and the consumer loyalty program participant regarding rights and obligations arising from the organization of the loyalty program. Further information on the out-of-court settlement of consumer disputes is available on the ČOI website (www.coi.cz).

 

10. Protection of personal data

 

The personal data of the participants of the loyalty program are processed only within the Platform application and, in general, foodora does not have access to them and they are not necessary for the redemption of discounts and other prizes on the Platform. Information on the processing of personal data within the Platform application is available in the Platform Privacy Policy. For general information on foodora's processing of personal data, please refer to foodora's Privacy Policy.

 

11. Changes to the Terms

 

Foodora reserves the right to amend or modify the Loyalty Program Terms and Conditions at any time. Any such amendment to the Loyalty Program Terms and Conditions will be made by posting the new Terms and Conditions.

 

12. Final Provision

 

Users may not share stamp cards with other Users in order to receive a prize, nor may Users claim to receive a prize by fulfilling a stamp card through multiple User accounts.

Foodora loyalty programs are designed to provide rewards to customers.

Participation in this program is not eligible, and foodora reserves the right to make the loyalty program available and displayed only to pre-selected customers.

Foodora also reserves the right to display certain loyalty programs only to selected customers and to change, cancel or suspend the form of such programs in its sole discretion without notice or reason.

Individual stamp cards/points/rewards always have a limited validity and no late rewards can be claimed after expiry.

Any winnings, rewards or other benefits earned through loyalty programs are not enforceable in court.

The Stamp card participant is not entitled to any settlement or compensation.

These terms and conditions are valid and effective from 01.07.2024.