GENERAL TERMS AND CONDITIONS
SECTION I – ACCEPTANCE OF TERMS AND GENERAL CONDITIONS
1.1 These General Terms and Co nditions rule the relationship between the Users and Members, as defined below, and the UTU Company, as defined below, with regard to the Products and Services, as defined below, provided through the UTU Website/App.
- UTU Company: UTU REWARDS Pte Ltd, with registered office at 229 Mountbatten Road, #01-01 Mountbatten Square, Singapore 398007, Company Register N. 201538072W, e-mail address firstname.lastname@example.org , and its related companies, subsidiaries and/or associates;
- UTU Member or User: any individual who has registered or accesses the UTU App and/or UTU Website, interested in purchasing the Products and Services offered by UTU and/or being recognized as a customer;
- Products and Services: UTU Plus Card and TAX FREE, as better described in the Products and Services Sheets, Section II of these General Conditions.
1.2 The General Conditions contained in this document are composed of the following Sections, which are part of this contract: “I. Acceptance of terms and General Conditions “,” II. General Provisions “,” III. Complaint management policy “,” IV. Promotions “, “V. Services and Product Sheets”.
1.3 The UTU Company provides Products and Services connected, directly and indirectly, to the Value Added Tax (VAT) refunds in favor of individuals non-resident and not domiciled in the custom territory of the European Union, in relation to goods purchases made solely for personal and/or family use.
1.4 By registering with the UTU Website/App and/or using the UTU Website/App functions, the User fully accepts these General Conditions, becoming UTU Member. These Conditions must be read carefully, examined and saved by the Member before the completion of the use/purchasing procedure.
1.5. The User represent that the User is of legal age and has e the legal capacity to form a binding contract and are not and will not be barred from accessing and/or using the UTU App and/or UTU Website under the laws of the applicable country in which the User is so accessing and/or using the UTU App and/or UTU Website. If the User is under eighteen (18) years old, the User may use the UTU App and/or UTU Website only with the involvement of a parent or guardian.
1.6 The access to the Website and the download of the UTU App are available for free. The enabling of the Products and Services entails the payment of a cost as specified in the single Product and Services Sheets and within the terms indicated therein.
1.7 After registration, the UTU Member is invited to frequently check the pages of the UTU Website/App to be aware of any changes made and periodic updates which are binding to the UTU Member, as expressly provided in the Article 4.6 of Section IV – Miscellaneous provisions.
SECTION II – GENERAL PROVISIONS
1. UTU WEBSITE AND APP – NAME, DOMAIN AND APPLICATION ENTITLEMENT.
1.1 The Website www.utu.global and the related domain name is owned by the UTU Company. All content on the Website, the UTU Products and Services and the UTU App is owned by the UTU Company.
2. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
2.1 The UTU Company declares to be the owner and licensee of all industrial and intellectual property rights related to the materials and contents available on the Website and on the UTU App.
2.2 Restricted use: All copyright and other intellectual property and proprietary rights in and to the UTU App and/or UTU Website are owned, licensed to or controlled by UTU or the applicable Third-Party Service Providers. No part or parts of the UTU App and UTU Website may be copied, reproduced, distributed, modified, reused, re-posted, used, reverse engineered, decompiled, disassembled, separated, altered, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 2.3 below, permission will only be granted to the UTU User to download, print or use UTU App and/or UTU Website for personal and non-commercial uses, provided that the UTU User retain all copyright and other proprietary notices contained therein.
2.3 Trademarks: All trademarks, service marks, names and logos used in the UTU App and/or UTU Website are owned by or have been licensed to UTU or are used as permitted by applicable laws. Nothing on the UTU App or UTU Website and in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to download, reproduce, display or use (including as a meta tag or as a “hot” link to any other website) any such trademarks, service marks, names and logos, without the written permission of UTU Company or any other applicable trademark owner.
2.4 Third Party Service Provider” means a party other than UTU and/or any of its related corporations which provides any function or service accessible through or on the UTU App.
3. INFORMATIONS ON UTU SERVICES AND PRODUCTS
3.1 The Products and Services are provided by the UTU Company through its UTU App and allow the UTU Member (tourist/traveller), being an individual non-resident and not domiciled in the customs territory of the European Union, to receive the refund of the tax paid on purchases of non-commercial goods, with the method he/she prefers, such as credit/debit cards or other methods deemed appropriate, safely and quickly.
3.2 In the European Union, the Value Added Tax (VAT) refund system is regulated by the European Directive 2006/112/EC and transposed into the legislative systems of each European State Member, with refund rates and methods that differ from country to country.
3.3 The amounts, conditions and procedures for refunding VAT may differ from those laid down by the laws of each State Member.
3.4 Therefore, each UTU Member is required to refer to and comply with the different conditions and methods of reimbursement in force in the legal systems of the countries in which he/she made the purchases.
[B] CONDITIONS FOR GRANTING THE VAT REFUND
3.5 UTU Members, by accepting these Terms and Conditions, agree to utilise UTU Rewards Pte as the intermediary in the VAT procedure refund for purchases of personal goods made in the customs territory of the European Union.
3.6 UTU Members undertake not to utilise, directly or indirectly, other intermediaries in the VAT refund procedure for those goods and services in which the UTU Member has agreed to use the Products and Services. Should the UTU member use other intermediaries for the abovementioned goods and services, such goods and services for which the UTU Member has agreed to use the Products and Services may not be processed by UTU Company and the UTU Member may not get a refund of the VAT amount and may be charged by UTU Company for the cancellation of the processing of such goods and services.
3.7 The Products and Services will be provided by UTU Company in favor of UTU Members under the following scope:
- the Products and Services can only be enabled by individuals (tourists/travellers) having their residence or domicile in a country not belonging to the customs territory of the European Union;
- An individual may only be refunded the Value Added Tax (VAT) charged on the purchase price of consumer goods intended for personal and/or family use (non-commercial goods);
- VAT paid on the purchase of goods used for commercial or business purposes or expressly excluded by national tax laws shall not be refundable;
- no other tax, other than VAT, may be refunded.
[c] ACTIVATION AND TERMINATION OF SERVICE
3.8 The Products and Services are activated by registering to the UTU Website/App, which shall include the requirement to accept these Conditions by the UTU Member (in accordance with Article 1.4 – ACCEPTANCE OF THE GENERAL CONDITIONS)..
3.9 The Products and Services will terminate after the VAT has been refunded upon duly Customs digital validation.
3.10 Notwithstanding Article 3.10 above, the services will be deemed to be terminated where:
- the UTU Member has utilised other intermediaries in the VAT refund procedures as stated in Article 3.5 above;
- the UTU Member has provided incomplete or false personal data during the registration to the UTU Website /App;
- in all other cases in which the UTU Member has failed to comply with the obligations set forth in Articles 4 and 7 of these General Conditions.
3.11 The UTU Company reserves the right to suspend the refund service if the UTU Member commits or appears to have previously committed actions in fraud to European and non-European tax legislation or to any other provision of law, reporting such actions to the competent authorities.
[D] TRANSPARENCY OF THE SERVICES
3.12 Where a user opts for a refund of the Tax Free amount on a payment/credit/wallet card denominated in a different currency than the one of the refund will be converted by UTU based on the “we sell rate” of a recognized European retail bank plus up to +3%.
3.13 In case the tax free form is not delivered back to UTU Company duly validated, at the expiration of 21 days from the date of early refund (voucher), the tourist will be debited to the designated credit card an amount equal to the sum of the early refunds minus the amount of each transaction not yet reimbursed but validated by Customs, plus a 5% on the amount debited or 5 euro whichever is higher as a debiting fee. It is important to note that the amount debited will still be placed as a credit in the balance of the tourist as pending validation. If the tourist will deliver back to UTU the tax free forms duly validated by Customs within their expiration time, of sufficient value to cover the amount charged, the amount will be credited on the designated credit card.
3.14 The Products and Services are supplied separately and in accordance with the terms specified on the Website and on the UTU App. For further details on the single Products and Services, please refer to Section II. Products and Services.
3.15 The UTU Company reserves the right to introduce new products, services, applications, programs, functions (collectively called New Services) to the UTU App/Website offered according to the terms of this contract.
4. UTU MEMBER’S OBLIGATIONS
4.1 UTU Members are obliged to use the UTU Website/App only for lawful and legitimate purposes. The UTU Member acknowledges that it is forbidden to use the Product and Services:
- in ways that violate any applicable local, national or international law or regulation;
- in ways that are illegal or fraudulent, or that have illegal or fraudulent purposes or effects;
- in ways that are intended to damage or attempt to damage the UTU Company and other third parties;
- with the intent of transmitting or procuring any damage to others or to the UTU Member.
4.2 Compliance with guidelines: UTU Members are required to comply with our notices, instructions, guidelines and operating rules and policies pertaining to the access and/or use of the UTU App and/or UTU Website which UTU issues from time to time, which may be notified to the UTU Member via the UTU App and/or UTU Website or otherwise.
4.3 Restricted activities: The UTU Member agrees not to (i) send, distribute or upload, in any way, data or materials which contain viruses or other malicious, destructive or corrupting code, agent, program or macros that may impair or damage the operation of another’s computer or equipment or that may corrupt the data contained in or interfere with the operation of the UTU App and/or UTU Website, (ii) post, promote or transmit through the UTU App and/or UTU Website any unlawful, harassing, libelous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature, and (iii) use the UTU App and/or UTU Website other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws, statutes, and regulations.
4.4 Availability of UTU App and/or UTU Website: UTU may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove the UTU App and/or UTU Website (or any part thereof).
4.5 The UTU Member understands that the technical processing and transmission of the UTU App and/or UTU Website may involve (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
4.6 The UTU Member understands that the UTU App and/or UTU Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by UTU and/or Third-Party Service Providers. The UTU Member may not attempt to override or circumvent any of the usage rules embedded into the UTU App and/or UTU Website.
4.7 The UTU Member agrees and acknowledges that these Terms and the services provided or made available thereunder do not include the provision of Internet access or other telecommunication services by UTU. Any Internet access or telecommunications services (such as mobile data connectivity) required by the UTU Member to access and use the UTU App and/or UTU Website shall be the sole responsibility and shall be separately obtained by the UTU Member, at the UTU Member’s own cost, from the appropriate telecommunications or internet access service provider.
5. ENABLING UTU PRODUCTS AND SERVICES
5.1 The UTU Member can avail himself to the Products and Services provided by UTU Company by following the instructions on the UTU App/Website to register and provide the necessary information required.
5.2 The UTU Member shall be provided access to the Products and Services only after the completion of the requested information. The UTU Member is required to use the latest iOS or Android versions of the UTU App in order to use the mobile service provided by UTU. UTU is not responsible for or obliged to (i) support any devices that do not meet these standards, or (ii) provide any adaptations, enhancements and/or modifications to the UTU App, including any updates, patches, bug-fixes and/or upgrades to the UTU App or any new versions and/or releases of the UTU App which incorporate new features or functions.
5.3 Mobile application licence: The UTU App is proprietary to UTU Company and must not be used other than strictly in accordance with these Terms. UTU Company hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the UTU App downloaded directly from the official channels approved by us from time to time (such as the Apple App Store and the Google Play Store), on a single personal tablet or mobile device, solely in object code format and solely for UTU Member’s personal use for lawful purposes, in the manner permitted by and subject always to these Terms. UTU Company reserves all rights not granted hereunder. UTU Member agrees not to (i) reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, resell, assign, license, rent, lease, lend, export, offer on a “pay-per-use” basis, trade, exploit or use the UTU App or any part thereof, in any form, by any means, for any commercial or other purposes, (ii) adapt, modify, decompile, disassemble, localise, port or reverse-engineer the UTU App or any part thereof, (iii) remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or marking of UTU placed upon or contained within the UTU App or any part thereof, (iv) prepare or develop derivative works based on the UTU App or any part thereof, (v) use the UTU App on any hardware, machine or equipment other than the Prescribed Equipment for any purpose other than those permitted under these Terms, and/or (vi) remove, extract, download or copy any software, firmware, program and/or any code of any kind which have been embedded and/or incorporated into the hardware, devices and/or equipment comprised in the tablet or mobile device.
5.4 Open Source Licences: With respect to any open source or third party software or code that may be incorporated in the UTU App, such open source or third party software or code is covered by the applicable open source or third party licence, if any, authorising and/or controlling UTU Member use of such software or code. UTU Member agrees to use the UTU App in accordance with the applicable open source or third party licence, each of which shall constitute a licence solely between the UTU Member and the applicable licensor.
5.5 Without prejudice to Article 8 below, any breach of the aforesaid restrictions shall result in immediate and automatic termination of all rights and licences granted hereunder. The use restrictions set out herein shall survive the termination of these Terms.
5.6 Mobile Data: The UTU Member acknowledges and agrees that the use of any mobile services such as data when using our UTU App may entail additional charges with the UTU Member’s respective mobile service providers and the UTU Member shall be responsible for such charges (where applicable).
6. TRUTHFULNESS OF UTU MEMBER’S PERSONAL DATA
6.1 If the UTU Member/User creates an account with UTU Company or to sign in to the UTU App via a third party social media account, the UTU Member agrees to (i) provide true, accurate, current and complete information about yourself as prompted by the registration form in the UTU App (the “Registration Details”), and (ii) maintain and promptly update the Registration Details to keep them true, accurate, current and complete.
6.2 The UTU Company reserves the right to prohibit access to the App/Website and the provision of the Products and Services or to withdraw from the UTU User/Member the possibility to connect to the device without notice, if:
- the UTU Member identification data are false, incomplete or in any case inaccurate;
- the UTU User/Member has been involved in fraud of any kind and in any legislative order;
- the UTU User/Member has or has undertaken a legal dispute with the Company;
- the UTU User/Member is deemed to be unsuitable to maintain relations with the Company.
6.3 The UTU Company reserves the right, but not the obligation, to report to relevant governmental authorities any activity suspected of the violation of applicable laws and regulations and will cooperate to ensure that offenders are prosecuted by the laws and regulations of the respective laws.
6.4 The UTU Company reserves the right to give to the relevant governmental authorities all the information believed necessary or appropriate, including the contact details of the UTU Member/User, IP addressing and traffic information, usage history and published contents at the request of the relevant government authorities
6.5 The UTU Member/User acknowledges, consents and agrees that UTU Company may (i) access, preserve and disclose the information associated with your UTU account if required to do so by applicable laws, statutes and regulations or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with applicable laws, statutes and regulations, (b) enforce these Terms, (c) respond to your requests for customer service, or (d) protect the rights, property or personal safety of UTU, UTU Members, Third Party Service Providers and the public, and (ii) use all information it has access to in relation to UTU Member/User activities on the UTU App and/or UTU Website, without further reference to the UTU Member/User.
7. ACCOUNT CANCELLATION
7.1 The User may request at any time the cancellation of his account by sending a written request to the e-mail address at email@example.com; the User acknowledges that the User will not have a right to a refund, whether wholly or pro-rated of the fees and other amounts paid for the Products and Services. This request will result in the termination of any contractual relationship between the User and UTU Company and the immediate deactivation of the Products and Services available to the User, subject to the following Article 7.2.
7.2 Where a User request for an account cancellation and there are amounts outstanding to UTU Company as a result of the User requesting for such account cancellation prior to the submission of the required documents to customs, the User’s preferred payment instrument will be debited with the amount to be paid to UTU Company. This amount will be equal to outstanding amount UTU Company has extended as instant tax refund in form of e-voucher or otherwise and is due to UTU Company from user to be completed by verifying tax free forms with customs and completing the due process.
7.3 Where a User request for an account cancellation and there are amounts to be paid to the User, the User account will continue to remain available until such time that the payment has been made to the User. In the event that UTU Company is unable to make the payment to the User for any reason whatsoever including but not limited to the User cancelling or restricting access to the preferred payment instrument chosen by the User for the Products and Services of UTU Company, UTU Company shall manage such credit balance in accordance with applicable law.
7.4 A User will only be able to cancel the account if there are no outstanding balances or amounts owed to UTU or amounts to be paid to the User.
7.5 UTU Company, after the account closure by the User, may delete all data and documents provided by the User at the time of registration.
7.6 UTU Company will only keep those data that it will be obliged to keep in compliance with the rules, regulations and / or orders of the competent Authorities or on where required by law or a court of competent jurisdiction.
8.1 The UTU Company reserves the right to close, suspend, terminate, invalidate or limit the UTU Member/User access to, or to refuse to permit UTU Member/User any and all future use of, the UTU App and/or UTU Website and/or all or any of the offerings within the UTU App and/or UTU Website (including deleting the UTU Member/User Username and/or Password and all related information, files and content associated with or inside UTU Member/User account (or any part thereof) for any reason whatsoever and without giving any reason or prior notice, including but not limited to in the event of any of the following circumstances:
ii. such closure, suspension, termination, invalidation, limitation and/or refusal is required or requested under applicable law, by any regulatory authority and/or by any order of a court of a competent jurisdiction;
iii. The UTU Member/User request for such closure, suspension, termination, invalidation, limitation and/or refusal;
iv. The UTU Member/User is found to have more than one account registered in the name of the UTU Member/User;
v. as result of UTU Company investigations, it is believed the UTU account is not being operated or used in accordance with these Terms;
vi. The UTU Member/User provides any information that is untrue, inaccurate, not current or incomplete, or UTU Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;
vii. UTU Member / User engages or is suspected to be or have engaged in fraudulent or illegal activities;
viii. the discontinuance of or material modifications to the UTU App and/or UTU Website (or any part thereof); and
ix. unexpected technical or security issues.
8.2 Upon termination of these Terms for any reason whatsoever, (i) all rights and/or licences granted to the UTU Member/User under these Terms shall immediately and automatically cease and terminate, (ii) UTU Member/User shall forthwith cease the access to and use of the UTU App and/or UTU Website in any way whatsoever and uninstall the UTU App (where applicable).
9. ANTI-MONEY LAUNDERING
9.1 Where required, the User/Member’s data will be processed in accordance with the Laws in force that combat money laundering of illegal origin.
10. EXCLUSION AND LIMITS OF LIABILITY
10.1 Users/Members agree to use the UTU Products and Services at their own risk.
10.2 UTU Company uses reasonable skill and care in providing its Products and Services to Users/Members. However (to the maximum extent permitted by law) UTU Company is not liable to Users/Members for any loss, damage, claim or compensation (including loss of profit or loss of use) incurred by Users/Members from their use of, or their inability to use, the Products and Services offered however caused notwithstanding any error or omission including negligence.
10.3 UTU Company shall not be liable to Users/Members or any third party for any loss, damage, claim or compensation (including loss of profit or loss of use) incurred by Users/Members resulting from the failure or delay of UTU Company to execute any Services in accordance with the instructions from Users/Members.
10.4 UTU Company shall not be liable for any fees or commissions charged by any intermediary bank or other entity in relation to the tax refund amounts credited to Users/Members personal account or designated credit/debit card.
10.5 Users/Members agree that UTU Company will not be responsible in any way in the event of force majeure or for the act of any Government or legal authority.
10.6 Users/Members hereby indemnify and hold blameless UTU Company, its directors, officers, affiliates, employees and agents from and in respect of any loss, damage, liability, cost or expense that it may suffer or incur by reason of User/Member acting in breach of any of these General Terms and Conditions or any breach of any applicable law or regulation.
10.7 Users/Members agree that UTU Company will not be liable in any way to Users/Members in the event of failure of or damage or destruction to their computer/mobile system, data or records or any part thereof or for any delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
10.8 Users/Members will not expose the Website/App to any viruses, trojans or other similarly harmful or inappropriate material or device. In the event that any such viruses etc. are deemed to have been transmitted to the Website/App from their account, UTU Company reserves the right to terminate Users/Members Account and Users/Members shall be liable for the cost to UTU Company of removing such viruses etc.
11. BILLING OF THE COST OF SERVICES AND PRODUCTS PROVIDED BY UTU
11.1 The billing of the cost of Services and Products provided by UTU Company will be carried out according to current legislation and specifications of Singapore and any local UTU entity and service and/or business partner where required.
12.1 The UTU Member/User will defend, indemnify and hold harmless the UTU Company from and against any and all liabilities, claims, charges, costs, losses, damages, demands, judgments, settlement sums, penalties, interests and expenses (including reasonable attorneys’ fees) arising out of any Claim (i) by reason of the UTU Member/User access and/or use of, and/or UTU Company making available to the UTU Member/User, the UTU App and/or UTU Website, and/or UTU Company having entered into these Terms with the UTU Member/User, UTU Company’s enforcement of its rights under these Terms, or acting upon any instructions which the UTU Member/User may give to UTU Company via or in relation to the UTU App and/or UTU Website, or any negligence, fraud and/or misconduct on UTU Member/User part, and/or (ii) that arises out of or relates to any actual or alleged breach of UTU Member/User representations, warranties, or obligations set forth in these Terms. For the purposes of this Article 12.1, “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person.
13. LIMITATION OF LIABILITY
13.1 Under no circumstances shall UTU Company be liable to UTU Member/User, or any other party, in contract, tort (including negligence) or otherwise howsoever, whatever the cause thereof, for any loss of profit, business, contracts, revenues, or anticipated savings or any special, indirect or consequential damage of any nature whatsoever, including that arising directly or indirectly from or in connection with:
- any access, use or misuse of, or reliance on or inability to access or use (a) the UTU App and/or UTU Website (including by reason of (I) UTU’s closure, suspension, termination or invalidation of the relevant UTU account, (II) UTU’s refusal to permit a UTU Member/User any and all current of future use of the UTU App and/or UTU Website, and (III) UTU’s upgrade, modification, alteration, suspension, discontinuation of the provision of or removal of the UTU App and/or UTU Website), or (b) any other website or webpage linked to or provided through the UTU App and/or UTU Website;
- any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent, program or macro, suspension or termination of the UTU App and/or UTU Website;
- any loss of data or interruption in use or availability of data; and
- any products, services, information, data, software or other material advertised on, obtained or downloaded from (a) the UTU App and/or UTU Website, (b) any other website linked to or provided through the UTU App and/or UTU Website, or (c) any other party referred to by the UTU App and/or UTU Website or through the use of the UTU App and/or UTU Website, as well as by reason of any information received through or advertised on the UTU App and/or UTU Website.
Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
13.2 Without limiting the foregoing, under no circumstances shall UTU Company be held liable (i) for any delay or failure in performance, or error, interruption or delay in the performance of its obligations or in the UTU App’s operation, or for any inaccuracy, unreliability or unsuitability of the content on the UTU Website/App, in whole or in part, resulting directly or indirectly from any event, failure, acts of nature, forces, or causes beyond its reasonable control, including network failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or the action or non-performance of third parties, or (ii) for damages arising in connection with the downloading or installation of, or the inability to download or install, the UTU App by the UTU Member/User or other third party.
14. DISCLAIMER OF WARRANTIES
14.1 The UTU App and UTU Website are provided on an “as is” and “as available” basis, with no warranties whatsoever. UTU Company and its officers, employees or agents expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including any warranties:
- of title, satisfactory quality, freedom from virus or other malicious, destructive or corrupting code, agent, program or macro, merchantability, fitness for a particular purpose and non-infringement of proprietary rights, in conjunction with the UTU App and/or UTU Website or any information and materials provided therein;
- on the accuracy, adequacy, completeness, security, reliability, timeliness and performance of the UTU App and/or UTU Website or any information and materials provided therein;
- that the UTU App and/or UTU Website will meet the UTU Member/User requirements, and/or UTU Member/User use of and/or access to the UTU App and/or UTU Website and/or the operation of the UTU App and/or UTU Website will be uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
- for content, products or services received through or advertised or featured on the UTU App and/or UTU Website or received from UTU as well as any information received through or provided under the UTU App; and
- of the security of any information transmitted by or to UTU Member/User using the UTU App and/or UTU Website, and UTU Member/User accept the risk that any information transmitted or received using the UTU App and/or UTU Website may be accessed by unauthorized third parties and/or disclosed by UTU Company and its officers, employees or agents to third parties purporting to be the UTU Member/User or purporting to act under authority from the UTU Member/User. Transmission over the Internet and e-mail may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.
14.2 The UTU Member/User understands and agrees that in downloading the UTU App, accessing and using the UTU App and/or UTU Website or otherwise obtaining material or data through the UTU App and/or UTU Website, the UTU Member/User is using the UTU App and/or UTU Website at its own discretion and risk and that the UTU Member/User will be solely responsible for any damages to the UTU Member/User computer or mobile devices including any loss of information or data on the computer or mobile devices.
15. ILLEGAL/PROHIBITED ACTIVITY
15.1 Compliance with laws, fraud and disclosure of informationThe UTU App and/or UTU Website may be used only for lawful purposes and in a lawful manner. The UTU Member/User agrees to comply with all applicable laws, statutes and regulations in the access and/or use of the UTU App and/or UTU Website. The UTU Member/User may not register under a false name or use an invalid or unauthorised payment card, including credit and debit cards. The UTU Member/User may not (i) impersonate any person, including any UTU Member, or use another member’s Username and/or Password, or (ii) falsely state or otherwise misrepresent your affiliation with any person. Such conduct or other breach of these Terms may be a violation of the applicable laws, statutes and regulations and UTU reserves the right, but shall not be obliged, to report any activity it suspects to be in violation of any applicable laws, statutes and regulations to the appropriate authorities, and UTU will cooperate to ensure that violators are prosecuted to the fullest extent of the applicable laws, statutes and regulations. In order to cooperate with governmental requests, to protect UTU’s systems and customers, and/or to ensure the integrity and operation of UTU’s business and systems, UTU may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, usage history, and posted content.
Without prejudice to Article 15.1 above, UTU Company has the right (but not the obligation) to monitor, pre-screen, screen or otherwise control any activity and content associated with or available through the UTU App and/or UTU Website and investigate as UTU Company deems appropriate. UTU Company may also investigate any reported violation of these Terms, its policies or complaints and take any action that it deems appropriate. Such action may include issuing warnings, suspending or terminating any service, denying access, UTU reserves the right in its sole discretion (and shall not be obliged) to remove, screen, or edit any content that violates these Terms or is otherwise objectionable.
16. MISCELLANEOUS PROVISIONS
16. 1 Entire Agreement
These Terms and the documents referred to herein constitute all the terms and conditions agreed upon between the UTU Member/User and UTU Company and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Terms in any written or oral communication from UTU Member/User to UTU Company is void. UTU Member/User represents that the UTU Member/User has not accepted the Terms in reliance on any oral or written representations made by UTU that are not contained in these Terms.
If any provision of these Terms or part thereof is rendered void, invalid, illegal or unenforceable (whether in whole or in part), such provision shall be struck and severed from these Terms and the remaining provisions of these Terms shall not be affected thereby.
16.3 No Waiver
No failure on the part of UTU Company to exercise, and no delay on UTU Company’s part in exercising, any right or remedy under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in respect of UTU Company in these Terms are cumulative and not exclusive of any other rights or remedies (whether provided by law or otherwise).
If a dispute arises between UTU Member and UTU Company, please contact UTU Company to allow us to learn about and address your concerns and/or to provide the UTU Member/User with options to resolving the dispute quickly. Disputes between UTU Member/User and UTU Company regarding the UTU App and/or UTU Website may be reported to us at firstname.lastname@example.org.
16.5 Notices to You
UTU Member/User agrees that UTU Company may provide UTU Member/User communications about UTU Member account, the UTU App, the UTU Website and these Terms electronically. UTU Company reserve the right to close the UTU Member account if UTU Member/User withdraws consent to receive electronic communications. Any electronic communication will be considered to be received by UTU Member / User within 24 hours of the time UTU Company post it to the UTU App and/or the UTU Website or email it to the UTU Member/User at the email address provided by UTU Member/User during registration.
16.6 Jurisdiction and Governing Law
These Terms shall be governed by and construed in accordance with the laws of Singapore. The parties agree to submit all their disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the Courts of Singapore.
16.7 Third Party Rights
Any person who is not a party to these Terms (whether or not such person has been named, referred to, or otherwise identified, or forms part of a class of persons so named, referred to or identified, or answers a particular description, in these Terms) shall have no rights whatsoever to enforce these Terms. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
UTU Company reserves the right to revise, supplement or update these Terms from time to time by posting the revised version on the UTU App and/or UTU Website or such other method of notification as may be prescribed by UTU from time to time, which UTU Member/ User agrees shall be sufficient notice for the purpose of this Article 16. Such revised version shall automatically be effective upon its posting on the UTU App and/or UTU Website and UTU Company may notify UTU Member/User about any significant changes to these Terms by sending a notice to the email address specified in your registration details or by placing a prominent notice on the UTU App and/or UTU Website. By continuing to access and/or use the UTU Website and/or UTU App after being notified of such amendments, the UTU Member /User is agreeing to be bound by these Terms (including the amendments thereof) and UTU Member/User use and/or access shall constitute an affirmative acknowledgement by UTU Member/User of these Terms (including the amendments thereof) and agreement by UTU Member/User to abide and be bound by these Terms (including the amendments thereof). If UTU Member/User does not agree to be bound by the amendments, UTU Member/User shall immediately cease all access and/or use of the UTU App and/or UTU Website.
- Language: If these Terms are translated into a language other than English, the English text shall prevail.
- Assignment: UTU Company may assign its rights under these Terms to any third party.
- Sub-contracting and delegation: UTU Company reserves the right to delegate or sub-contract the performance of any of its functions in connection with the UTU App and/or UTU Website and reserves the right to use any service providers, subcontractors and/or agents on such terms as it deems appropriate.
- Cumulative rights and remedies: Unless otherwise provided under these Terms, the provisions of these Terms and UTU Company’s rights and remedies under these Terms are cumulative and are without prejudice and in addition to any rights or remedies it may have in law or in equity, and no exercise by UTU Company of any one right or remedy under these Terms, or at law or in equity, shall (save to the extent expressly provided otherwise in these Terms or at law or in equity) operate so as to hinder or prevent its exercise of any other such right or remedy as at law or in equity.
- Binding and conclusive: UTU Member/User acknowledges and agrees that UTU Company’s records and any records of the communications, transactions, instructions or operations (a) made or performed, processed or effected through the UTU App and/or UTU Website by UTU Member/User or any person purporting to be the UTU Member/User, acting on behalf or purportedly acting on behalf of UTU Member/User, with or without UTU Member/User consent, (b) relating to the operation of the UTU App and/or UTU Website, and (c) maintained by UTU Company or by any relevant person authorised by UTU Company relating to or connected with the UTU App and/or UTU Website, shall be binding on UTU Member/User for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations. UTU Member/User hereby agree that all such records are admissible in evidence and that UTU Member/User shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and UTU Member/User hereby waive any of your rights, if any, to so object.
SECTION III – COMPLAINTS MANAGEMENT POLICY
1. COMPLAINING – SUBJECT, PROCEDURE AND TIME LIMITS
1.1 UTU Company is committed to providing Users/Members with the highest standards of service. If Users/Members feel UTU Company has not achieved that, please send their complaints to email@example.com
1.2 The complaint must be submitted not later than 14 days after occurring the dissatisfaction. No form of complaint will be accepted after this deadline.
SECTION IV – PROMOTIONS
The UTU Company informs Users of the UTU Website/App that it will work with preferred third-party partners including card networks or bank partners or e-payments in order to provide a wide range of promotions in the provision of its UTU Services and Products.
The preferred card network or bank partner informs Users of the UTU Website/App that it will work with UTU Company to create advantageous promotions within the provision of UTU Services and Products.
SECTION V – SERVICES AND PRODUCTS SHEET
A. UTU 100% REFUND
- User can receive 100% of the Tax Refund amount in the form of an e-voucher issued by the merchant at which the User has purchased and claimed the said VAT.
- User can use the said e-voucher for next purchase instantly in the merchants’ establishment.
- E-voucher is subject to the terms and conditions set by the merchant. The details of the terms and conditions will be available on the UTU app or with the merchant.
- UTU is not responsible for the e-voucher, its terms, its usage and redemption process which are all set by the merchant.
- User has a choice to opt for conventional refund at the establishment to be activated on the device at the merchant. Terms for the conventional refund and amounts are set out under the general Terms & Conditions above.
B. CONVENTIONAL REFUND
The amount refunded is equal to the amount of VAT paid instore minus the service fee applied by UTU Company. This amount will be refunded according to the UTU Company processes.
C. 1. UTU PLUS CARD
1.1 The UTU Plus Card is a virtual card, provided with a standard 16-digit number, distributed to UTU Members through its App.
1.2 UTU Members, following the instructions on the UTU Website/App, once the UTU Plus Card is activated and the number is used on the VAT refund form, they can receive the tax refund on their select preferred payment channel registered on the UTU App.
1.3 UTU Plus Card allows UTU Members to receive an additional cashback up to 5% of their refund on top of the usual refund processed by other TFOs.
1.4 To enjoy such benefits UTU Members must provide their own UTU Plus Card number as the preferred method of receiving refund on the tax refund forms, when using other TFOs refund forms replacing the credit card number with UTU Plus Card number and complete the customs validation as necessary.
1.5 UTU Plus Card protects the privacy and confidentiality of UTU Members as all information is encrypted and secured at Bank level security. It is not visible to TFOs or other third parties. UTU is GDPR and PCI compliant.
It is the service that refunds you up to 85% of the VAT for each tax free form “DIRECT” section on the App (**)
To have access to Direct I declare the following
I am non-EU subject and I assign to UTU Rewards s.r.l., an Italian company with VAT number 09960190966, the management of the procedures for reimbursement of my VAT credit, which arose as a result of purchases.
So, I want to appoint UTU Rewards s.r.l. as the sole entity for the management of my VAT refund, because it guarantees me up to 85% of the credit due for all the invoices that I will present to UTU under the UTU Direct scheme (“Direct”**).
I also appoint UTU Rewards s.r.l to manage any necessary activity related to my tax free procedure and refund in front of any Customs authority or any other Government entity that might be needed.
Therefore, I declare to UTU Rewards s.r.l. that:
- with reference to the invoices issued by the shops that I want to assign as Direct, I possess the requisites established, and which I will export the goods purchased within the limits of the law in order to obtain VAT refunds;
- the invoices I received correspond to commercial operations valid and lawfully performed for tax and civil purposes;
- the invoices I received were not cancelled by the original issuers and, therefore, are productive of effects;
- I have not activated any early repayment procedure with other operators;
- I have no ongoing refund procedure initiated by other operators or directly by the store.
I have subscribed to the Terms and Conditions of the UTU Direct service and have undertaken to comply with the above rules to obtain a VAT refund.
I declare to be aware that UTU company is entitled to refuse the procedures requested due to administrative, legal and/or fiscal reasons.
The UTU company will pay the share of the VAT due to the assignee (non-EU traveler) after having obtained the payment of the VAT payable by the assignor (European merchant)
(**) UTU mobile app is available on major app stores
2. CONDITIONS OF UTU PLUS Mastercard
2.1 UTU Members will receive UTU Plus Mastercard under the fulfillment required by UTU Site/App and upon acceptance of the Card Terms and Conditions set below (see art. 3).
2.2 The fixed fee to enable UTU Plus Mastercard and the variable fee for the refund credits are indicated in the App at the time of the operation.
2.3 The UTU Plus Mastercard can only be used as a VAT refund method; any other use will be considered an abuse of the service and will imply the personal responsibility of the UTU Members to whom the card has been delivered.
2.4 UTU Plus Mastercard will be delivered to UTU Members in the name and on behalf of UTU Company by UTU Rewards S.r.l. being the cardholder. UTU Company will in any case be solely responsible for the tax refund transactions.
2.5 Members, accepting the Card Terms and Conditions, are aware that UTU Plus Mastercard takes over the function of a debit card whose credits can only be made by Tax Free Operators for solely VAT refund reasons. By accepting the card function, Members delegate UTU to make the payment of the amount credited on the UTU Plus Mastercard to the select preferred payment channel designated by the Members themselves.
2.6 UTU Plus Mastercard will automatically credit, within 3 to 5 days from the refund, any tax-free refund received from the TFOs directly on the select preferred payment channel.
2.7 The refund requested using the TFOs tax free forms is at the sole discretion of TFO and UTU will not be responsible for any refund requests rejected by TFOs.
3. CARD ISSUING TERMS AND CONDITIONS
3.1 The following Terms and Conditions apply to the UTU Plus Mastercard (“Card”) issued by Wirecard Card Solutions Limited (registered in England and Wales with registration number 7875693 whose registered office is at Grainger Chambers, 3-5 Hood Street, Newcastle upon Tyne NE1 6 and Ireland, Program Manager Wirecard UK and Ireland Limited (1st Floor, Ulysses House, Foley Street, Dublin 1, Republic of Ireland) to UTU Rewards S.r.l. acting as Cardholder in the name and on behalf of UTU Company as Distributing Partner (“We”).
3.2 Issuer and Program Manager are parts of Wirecard AG and licensed from Mastercard. See www.wirecard.com.
4. CARD LIMITS AND USAGE – UTU Plus Mastercard is valid for a limited period and can only be used for receiving tax-refunds. The expiration date will be shown on your Virtual Card. We may decline a transaction, place restrictions on UTU Members Card or apply special security procedures in respect of transactions if:
- We reasonably believe the transaction poses a high risk of fraud;
- We reasonably believe the transaction would be in breach of these Terms and Conditions;
- The transaction will take you over Your Card limits.
- To protect the security of your Card or personal data;
- If we believe a transaction is unauthorised, illegal or fraudulent.
- Card load limits (Eur): 5.000,00 Eur per day per load, 10.000,00 Eur per week
5. ADVISING CHANGES OF PERSONAL DETAILS
UTU Members are requested to promptly notify changes of name, address or contact details, such as telephone numbers or e-mail address, updating the details on the App within maximum 14 days of the change by contacting at firstname.lastname@example.org
6. USE OF YOUR PERSONAL DATA BY THE ISSUER
6.1 Wirecard UK and Ireland, UTU Company and the Issuer are each independent Data Controllers of personal data provided in connection with UTU Plus Mastercard.
7.1 Should there be any queries or concerns about the service provided under these Terms and Conditions please contact the Customer Services at email@example.com or call our customer service at: +44 (800) 0418174