General Terms and Conditions

1. Introduction

hese General Terms and Conditions (the “General Terms and Conditions”) govern: (a) the performance of the Services, as defined below, by Buyon (“Buyon”) for the Customer, as well as (b) the use of the mobile application by the Customer, in case it has been downloaded by the Customer (the so-called “native” application), or in case it is used directly from the web (the so-called “web- app”), or through third party applications using the Buyon infrastructure.

 

2. Subject

2.1. The General Terms and Conditions contain the terms and conditions that govern:

(1) The provision by Buyon to the Customer of a service (called Buyon App) of:

– Support for the purchase of products available on vending machines, or,

– Purchases of Vouchers that will allow the Customer to spend products in the vending machines, usable for the entire range of products present in the vending machines associated with the Buyon circuit and “affiliated” to the Buyon App, all as best identified and described in the link https://www.mybuyon.com, by means of one or more remote communication techniques and, in particular, through the application (hereinafter referred to as the “Service” or the “Buyon App Service”);

(2) The download and use license of the Application by the Customer, as well as the use of the functionalities offered by the Application itself.

2.2. The purchase of vouchers and/or the provision of products is based on tools that can only be used under a commercial agreement with Buyon and for a limited range of goods or services, available and/or usable in “affiliated” vending machines operated by Buyon on which the Buyon App Service is operating.

2.3. The use of the Service is reserved for individuals who have completed at least sixteen (16) years of age (hereinafter the “Customer”), who have successfully completed the procedure for registration of the Service through the application itself, after downloading and installation on the smartphone / tablets that are compatible with the software that allows the use of the Service and access to features related to the Customer; this software, hereinafter also called “Application” and / or “App”, is available at major online application stores (Play Store and Apple Store).

2.4. The use of the Service is subject to prior registration concluded with a positive result by the Customer, in accordance with the following paragraph 3.1 and, with regard to national and community legislation on the Protection of Personal Data (the so-called GDPR) fully effective from May 25, 2018, the express consent of the Customer under the following Article 5 and implies full knowledge and acceptance of these General Conditions. Customers are therefore advised to read carefully and approve the General Terms and Conditions, which can be consulted during the registration process through pop-ups or hypertext links and, in any case, before using the Service.

2.5. The Customer expressly authorizes Buyon to send to your e-mail address (indicated during registration) and/or through push and pull notifications, the General Terms and Conditions, the updated Privacy Notice, any special conditions, as well as all communications relating to the Service, as well as the link where you can view the General Conditions, the updated Privacy Policy and any particular conditions, as well as their subsequent changes and updates. The Customer acknowledges that the General Terms and Conditions, any special conditions and any changes to them that come into force at any time may be printed or downloaded by the Customer by accessing the relevant section of the website a: https://www.mybuyon.com/termsandconditions

 

3. Registration

3.1. To use the Buyon App Service, the Customer must download the Application at the major application stores (Play Store and Apple Store) and register according to paragraph 3.2 below.

3.2. To complete the registration and activate the Service, the Customer must enter all the data required by the fields marked as mandatory, as follows: mobile number, password, e-mail address, first and last name.

3.3. If the Customer wishes to use a credit/debit card to purchase a voucher, he/she can enter his/her credit/debit card details to proceed with the payment, as required in the appropriate section of the Application.

3.4. Buyon undertakes to manage the data provided by users in accordance with current privacy regulations and, in particular, under the EU Regulation 2016/679 of 27 April 2016, directly applicable in all Member States of the European Community from May 25, 2018 and in accordance with Portuguese law – where still applicable – (Law No. 59/2019). For our notice on the processing of personal data provided by Customers, please refer to the Privacy Policy section, available in the Application or on our Website in a regularly updated version.

3.5. The Customer is responsible for:

a) The veracity of the information and data provided during registration and must declare that he/she is the holder of the credit/debit card used to pay for the products and/or the Service;

b) The preservation, security and proper use of his/her chosen account and password and must take all necessary steps to ensure that they are properly used, and that the password is kept confidential and not disclosed to any unauthorized person.

3.6. The Customer is responsible for any activity that is carried out through his own account, even if it is used by third parties. Buyon declines any responsibility for damages caused to the Customer by acts of computer piracy, misappropriation or improper use by third parties of data provided by the Customer during registration.

3.7. In case of theft or loss of his/her mobile phone or access credentials, the Customer agrees to immediately remove credit/debit card details from his/her Buyon App account, to inform Buyon and to change his/her password.

3.8. If a Customer forgets or loses his/her password, the Customer must contact Buyon, using the links provided on the Application, and go through the required security checks.

 

4. Information for Conclusion of the Contract

4.1. The various steps required to conclude the contract can be summarized as follows:

(1) Registration, performed only for the first time, in accordance with Article 3 above; and

(2) Consent of the Customer to the conclusion of the contract, given in the terms and forms described in Article 5 below.

 

5. Conclusion of the Contract

5.1. The Customer’s consent to conclusion of the contract with Buyon, during registration or when downloading the Application, is a necessary condition for proper execution of the Service and use of the Application. Without consent, the Customer will not receive the Buyon Service or use the Application. The Customer gives his/her consent to Buyon to run the Service by clicking on the “accept the General Terms and Conditions” button that appears on the Application at the end of the registration process.

5.2. Buyon will acknowledge receipt of authorization to perform the Service by sending an e-mail to the e-mail address provided by the Customer during registration, as set out in Article 3 above, containing a summary of the General Terms and Conditions in accordance with the applicable regulations.

 

6. Duration of the Contract – Customer’s Right of Withdrawal

6.1. The contract will take effect from the date of acceptance, also electronically, by the Customer and will have an indefinite duration.

6.2. The Customer can deactivate his/her own account and thus withdraw from the contract with Buyon governed by these General Terms and Conditions at any time, without any additional amount due to Buyon, as follows:

i. By sending a communication via e-mail to info@mybuyon.com

ii.By sending a written communication to Buyon to the address indicated in Article 15;

iii. By uninstalling the Application following the instructions in the Application menu.

 

7. Purchasing methods for products or vouchers purchased through the Service

7.1. The Service provided by Buyon to the Customer, as well as the download and use of the Application by the Customer, is free and therefore no fee is due from the Customer to Buyon.

7.2. Any contract regarding the Customer’s purchase of products of any kind using a purchased voucher shall be understood to be concluded directly and exclusively between the Customer and the management company that is part of the Buyon ecosystem (hereinafter also referred to as “Seller” and/or “Manager”).. In accordance with the above, the Seller/Manager shall be solely responsible for determining and indicating the prices of the products sold to the Customer, for carrying out the sale of the products, as well as, in general, for indicating the characteristics of the products involved in the sale.

7.3. The related payment services (i.e., Customer’s credit/debit card payment) are provided by an authorized bank that is also designated by Buyon from time to time (the “Payment Service Provider”).

7.4. In addition to the above, with the acceptance of the General Terms and Conditions, the Customer authorizes the Payment Service Provider (Mypos) to debit the credit / debit card provided during the activation of the Service with the purchase of vouchers.

7.5. Once a voucher has been purchased to be used on different machines, the Customer has a period of one month to request the return of the purchased voucher. The return of a purchased voucher is not allowed, if it has been partially or fully used. For any disputes or problems, including those due to a contested debit or failed purchase, the Customer must contact Buyon at: info@mybuyon.com

7.6. Details of the availability of recent products or voucher purchases made through the Service are available in the relevant section of the Application for a maximum period of twelve (12) months from the date they were made, after which they will be deleted.

7.7. Buyon disclaims any liability if a payment or product availability cannot be made or completed due to technical problems (including mobile data network coverage, firewalls on LAN or WAN networks, among others), or due to the suspension of service, for any reason, by third-party data transmission infrastructure managers, or due to problems related to the credit/debit card and/or the Payment Service Provider.

 

8. Use of Buyon App

8.1. The Application (including its software) is licensed (not sold) to the Customer by Buyon and can only be used within the limits indicated by these General Terms and Conditions (and in any case only for use of the Service); Buyon reserves all rights not expressly granted under these General Terms and Conditions. In particular, Buyon grants the Customer a free, non-exclusive, and non-transferable license to use the Application.

8.2. The license referred to in paragraph 8.1 above, is granted by Buyon to the Customer for use of the Service and for non-transferable use of the Application on any compatible mobile device owned by the Customer or used by the Customer on any other basis. The Customer is not authorized to:

i. Distribute or make the Application available in a network through which it can be used by several devices at the same time,

ii.Try to access or copy the source code,

iii.Exploit the Application for a use other than that authorized by Buyon,

iv.Perform reverse engineering activities, rent, sell, redistribute, sublicense or otherwise dispose of the Application under any pretext and any terms and conditions and for purposes other than those expressly permitted by these General Terms and Conditions.

8.3. For proper use of the Buyon App Service, the Customer must have a mobile device with a display of sufficient resolution and size and a data connection.

8.4. At its own discretion, Buyon may release updates that do not necessarily include all existing functionality, or contain new functionality not supported by operating systems currently in use. Some of these updates or improvements may change current settings, causing loss of data, content or functionality. The terms of these General Terms and Conditions shall govern any software updates provided for the Application that replace and/or supplement the original Buyon Application unless the update comes with your specific license.

8.5. The Services and features made available through the website or the Application are provided exclusively for the Customer’s personal use. Customer may not resell or attempt to resell the goods or services, content, or any resource made available or purchased through the website, the Application, or by telephone to any third party, nor may the Customer use the service, website, or the Application to engage in commercial activities or for any professional or commercial purpose.

8.6. The Customer shall not exploit or use the Service, the website or the Application, or any of its contents, in any way that may cause damage to Buyon or third parties. In particular, the Customer is obliged to refrain from using the Service, the website, the Application, or its content to carry out activities that compete with Buyon or, in any case, in ways that may cause damage or harm to Buyon’s economic and other interests, or its image, as well as those of other customers or third parties in general.

 

9. Customer’s Responsibilities

9.1. The Customer agrees to use the Services and the Application by current regulations and is fully responsible for any abuse or misuse of the Buyon App Service or the Application. Customer also agrees not to use the Service, website or the Application for:

a) Consciously transmit data, send or upload material that contains viruses, Trojan horses, worms, timebombs, key-loggers, spyware, adware or any other similar harmful computer program or code,

b) Committing or facilitating the commission of piracy or committing acts that constitute a cybercrime,

c) In general, for illegal, illicit, or fraudulent purposes, in particular, to refrain from any use that is inconsistent with local, national, or international laws or regulations.

9.2. The Customer shall hold Buyon indemnified against any claim or legal action initiated or threatened against Buyon by a third party or by the Payment Service Provider, as a result of the Customer’s use of the Application, the Service, or related functions in violation of these General Terms and Conditions or any contractual conditions applied by Buyon, the Payment Service Provider and/or the credit/debit card issuer.

 

10. Limits of Liability and Changes to the Service or the Application

10.1. The Buyon App Service is only available on certain vending machines and the Customer must previously check where this Service is available.

10.2. Buyon does not provide any guarantee regarding the service provided by the Payment Service Provider, nor regarding the quality of products and/or services provided to the Customer by the Seller.

10.3. Buyon declines any responsibility if personal data, information, or other sensitive content of the Service and the Application users are sent, disseminated, cloned, uploaded, or downloaded by the Customer or third parties through the Application itself.

10.4. Buyon reserves the right, at its sole discretion and at any time, to make any changes, additions, and/or updates it deems necessary or appropriate to the website, the Service, the Application, the programs, and/or other materials contained therein and/or available (including these General Terms and Conditions and/or features associated with the Service) (“changes”), with five (5) days’ notice, or longer notice, as established by the legal provisions in force at any given time, through communication on the website and/or on the Application, if changes are necessary to bring this Agreement into compliance with any mandatory legal provisions, for unexpected technical or organizational needs of Buyon, or to implement safeguards for greater protection of Buyon or greater security of the Service about abuses by the Customer or third parties. Changes will take effect and become effective concerning the Customer once the notice period mentioned above has expired, subject to notification by the Customer using a special communication sent by Buyon to the e-mail address provided by the Customer or by other technical means used by Buyon from time to time. For reasons of clarity, no changes implemented as described above will have any effect on the Services already provided before the entry into force of the changes.

10.5. Buyon reserves the right to discontinue its support and/or the total or partial usability of the Application at its sole discretion, subject to a 30-day notice to be given on the website at: mybuyon.com. In this case, Buyon will only refund the Customer for any unused amounts of previously purchased vouchers, within 30 days of the cessation of the full usability of the Application.

10.6. Buyon does not guarantee the compatibility of the Application with the operating systems that are occasionally available on the market and used by the Customer. Therefore, Buyon may, at its sole discretion, with a notice of 5 days to be provided on the website: https://www.mybuyon.com, exclude or limit the possibility of use of the Application in certain operating systems.

10.7. Buyon may occasionally, without any liability to the Customer and/or third parties:

a) Suspend the Service for technical reasons, such as repairs, maintenance, Service and/or Application improvements, or for emergency reasons, or

b) Give the Customer the instructions it deems necessary regarding the integrity, safety, or quality of any Service provided by Buyon to the Customer or third parties.

10.8. Nothing in these General Terms and Conditions shall limit or exclude or may be construed or interpreted to limit or exclude, the liability of either Party for willful misconduct or gross negligence, or public order disturbance, or if such limitation or exclusion is not valid under mandatory legal regulations.

 

11. Intellectual property rights

11.1. Buyon is a brand of the company Buyon, Ltd.

11.2. The use of the Buyon App or the Services in no way implies that the Buyon has granted the Customer a license to use modules, codes and graphics owned by the Buyon. Buyon reserves the right to authorize in writing the permanent or temporary reproduction, total or partial, by any means or in any form, the translation, adaptation, transformation, or any other modification or any form of public distribution of its brands, distinctive signs, modules, codes or graphics.

11.3. It is forbidden for the Customer to modify, decompile or disassemble directly or indirectly the source code of the modules.

 

12. Deactivation or Suspension of the Customer’s Account

12.1. Deactivation

Buyon may proceed, at its sole discretion, to deactivate a Customer’s account if it considers, at its absolute discretion, that the Customer violates the rights of Buyon and/or third parties or is contrary to the law, or if requested by the competent authorities, with 10 days’ notice, without the Customer being able to claim any compensation for such deactivation. In addition, Buyon reserves the right to deactivate a Customer’s account if the Customer is not at least sixteen (16) years old and this arises as a result of random checks or following a specific report.

12.2. Temporary Suspension

Buyon may also temporarily deactivate a Customer’s account if the Payment Service Provider does not process the relevant payments for any reason or cause, including cases where the Customer fails to make payments and/or retains payment of any debts incurred and/or expiration or loss of credit/debit card, without any amount being due to the Customer as a result of this suspension.

12.3. The fact that Buyon decides not to use the right to deactivate a Customer’s account or to tolerate non-compliance with the provisions of these General Terms and Conditions for any period shall not be interpreted as a waiver of the right to make use of these rights/conditions in the future.

12.4. In the event of the deactivation of an account by a Customer, Buyon reserves the right to maintain a file with the details of previous transactions performed by the Customer.

 

13. Governing Law and Competent Jurisdiction

13.1. These General Terms and Conditions are governed by and shall be interpreted by Portuguese law.

13.2. For any dispute related or arising from the interpretation, validity, and/or execution of these General Terms and Conditions and, in general, related to the Service, the Application, the Customer’s navigation on the website, or the use of any resource provided to the Customer through the website or the Application, the Coimbra District Court will have exclusive jurisdiction, except when the mandatory forum is the place of residence or domicile of the Customer acting as a “consumer”.

 

14. Miscellaneous

14.1. If a provision of the General Terms and Conditions is void, invalid, ineffective, or unenforceable, all other provisions shall remain valid and applicable between the Parties.

 

15. Contacts

15.1. For more information and assistance regarding the Application or Purchase of Services, the Customer can contact Buyon through the following channels:

Buyon Lda., Casal Dos Vagares, nº 15, 3030-141 Coimbra, Portugal; VAT/NIF 516053051; Phone Number +351 239 094 317; E-mail info@mybuyon.com.