1.3. You are required to accept these Terms and Conditions in order to access and use the Service. You shall not access or use the Service or otherwise seek to engage in any activity linked to the Service, including but not limited to collecting and/or redeeming vouchers, unless you expressly agree to be bound be these Terms.
2.1. The Service is provided as an application software service along with one or more voucher shops accessed through a website and consists of an electronic game which permits collection of gaming points, "Voucher Points", which, subject to these Terms in addition to any further terms that may apply, may be redeemed for vouchers.
2.2. It is your sole responsibility to ensure an internet connection and to ensure and maintain all necessary soft- and hardware in order to access and use the Service.
3.1. You may play the game without creating a user profile ("User"), however, if you wish to benefit from all functionalities contained in the Service, such as collecting and redeeming Voucher Points, you are required to create a User and access and use the Service through your User. You may access and use the Service exclusively in accordance with its intended purposes, these Terms and any further terms that may apply, but not further or otherwise.
3.2. If you are not 18 years of age or older, you are not allowed to connect the game to your Pointvoucher profile and therefore you will not earn voucher points in the game.
3.3. Your User is strictly personal. You may not sell or otherwise assign your User to any third party. You may not allow any third party to access or use the Service through your User or in any other way facilitate third party access to your User whether by action or omission. You may not use automated or semi-automated tools, including but not limited to scripts, bots or similar clients to access and use your User and/or the Service.
3.4. You may terminate your User in accordance with paragraph 10.3. Pointvoucher DS Games ApS may terminate your User in accordance with paragraph 10.1-10.2. Upon termination, your User will be deleted, and you will no longer have access to the Service. Upon termination, you will not retain any rights, including, without limitation, any Voucher Points not redeemed at such time, or Coins.
4.1. You may collect Voucher Points exclusively through your User. Voucher Points may be collected exclusively through your personal access and use of the Service and are earned over time.
4.2. You can earn up to 30,000 Voucher Points per day. You are able to continue to play once you have reached the daily limit of 30,000 Voucher Points, however you will not be earning any more Voucher Points untill you daily limit has started over the next day. The following day, you are able to earn 30,000 Voucher Points again. A day starts at midnight and ends at 23:59:59 (11:59:59 PM) CET.
4.3. Voucher Points have a limited duration. Voucher Points will expire one year after the date on which they were earned. All Voucher Points not redeemed when your User is deleted in accordance with paragraph 10 will be lost.
4.4. The Voucher Points can only be redeemed online, either in the global Pointvoucher DS Games ApS voucher shop or via a voucher shop provided by Pointvoucher DS Games ApS on behalf of the Pointvoucher DS Games ApS partner related to the game you have been using.
4.5. You may redeem your Voucher Points in the global Pointvoucher DS Games ApS voucher shop regardless of the game you have played to earn the Voucher Points. Limitations apply to redeeming Voucher Points earned in games provided by Pointvoucher DS Games ApS on behalf of a Pointvoucher DS Games ApS partner; such Voucher Points may only be redeemed in the voucher shop provided on behalf of the relevant Pointvoucher DS Games ApS Partner or in the global Pointvoucher DS Games ApS shop. Such Voucher Points cannot be used in other voucher shops provided by other partners than the aforementioned.
4.6. Voucher Points can under no circumstances be redeemed for money in whatever currency. You can and shall under no circumstances acquire Voucher Points through money.
4.7. Your Voucher Points are strictly personal. You may not sell or otherwise assign your Voucher Points to any third party.
4.8. When you redeem your Voucher Points, Pointvoucher DS Games ApS will deliver the voucher to you. Pointvoucher DS Games ApS and Bilka is not under any circumstances responsible or liable for delivering anything further to you other than the voucher.
4.9. Any product or service acquired in full or in part by using Vouchers is entirely the responsibility of the relevant third party delivering such products or services. Pointvoucher DS Games ApS shall not under any circumstances be liable for such products or services.
4.10. You may redeem your Voucher Points for vouchers when such vouchers are available. The assortment of vouchers may vary. There might not be vouchers available in the voucher shop. The number of Voucher Points needed for different available vouchers may vary. Vouchers may only be available in limited numbers or for a limited time.
4.11. Special terms may apply for specific vouchers. By choosing to redeem your Voucher Points for such vouchers, you agree to such special terms.
4.12. The listing or inclusion of a voucher in whatever form on a voucher shop shall never constitute a binding offer on behalf of Pointvoucher DS Games ApS.
5.1. You may redeem your Voucher Points for vouchers through an applicable voucher shop in accordance with paragraph 4.
5.2. Vouchers will be delivered to your User and to the e-mail address you have provided. The voucher will contain a barcode. You may be required to print a copy of the voucher to enable that the barcode is scanned for verifying the barcode. You should ensure that any such print is in apt conditions for being verified through a scan.
6.1. You will not enter into a contract with Pointvoucher DS Games ApS, when you redeem your Voucher. You expressly acknowledge this when accepting the Terms.
6.2. When you redeem your Voucher Points, you may select an available object or service in an applicable voucher shop, provided that you have collected the required number of Voucher Points (as applicable). This object or service is not offered by Pointvoucher DS Games ApS but will be offered by the relevant third party stated in the voucher shop. Pointvoucher DS Games ApS is not a party to your relationship with such third party.
6.3. Pointvoucher DS Games ApS shall under no circumstances be liable for any delay, defect, irregularity or other shortcoming of whatever nature of such object or service which has been acquired through a voucher.
6.4. If you should receive any object or service that you consider not to be compliant with what was stated in the voucher shop, you shall direct any complaint to the relevant third party stated on the voucher.
7.1. You are solely responsible for reporting any tax matters to the relevant tax authorities if applicable. Neither Pointvoucher DS Games ApS nor any of its partners shall have any responsibility or liability in relation to tax matters.
8.1. All intellectual property rights, including without limitation copyrights, registered or unregistered trade mark rights, patents, utility models, design rights or trade secrets in the Service belong and shall belong to Pointvoucher DS Games ApS or the relevant third party owner, as the case may be, and you shall have no rights in or to the Service other than the right to access and use it in accordance with these Terms and additional terms and conditions that may apply.
8.2. Pointvoucher DS Games ApS shall have the right to replace or change all or any part of the Service in order to avoid any infringement without incurring in any liability or costs towards you.
9.1. The Service is in its entirety provided "as is". Pointvoucher DS Games ApS does not in any way guarantee or warrant the legality and availability of the Service if you access the Service from other countries than Denmark.
9.2. In case of any interruption of the Service, whether scheduled or unscheduled, including but not limited to maintenance work of whatever sort, Pointvoucher DS Games ApS shall have the sole obligation of exercising commercially reasonable endeavours to restore the Service.
9.3. Pointvoucher DS Games ApS may at its sole discretion and without incurring in any liability of whatever kind choose to temporarily or permanently discontinue one or more functionalities of the Service, including but not limited to any vouchers or the Service in its entirety.
9.4. If Pointvoucher DS Games ApS should choose to discontinue one or more functionalities of the Service, including but not limited to any vouchers or the Service in its entirety, you will no longer have access to the Service accordingly. You shall be informed of such discontinuance through the e-mail address you have provided. You are encouraged to check the Service regularly for any changes in functionality.
9.5. Pointvoucher DS Games ApS does not in any way guarantee or warrant the legality of the Service, including but not limited to the legality of the vouchers or any third party's fulfilment of its obligations according to a voucher, nor does Pointvoucher DS Games ApS in any way guarantee or warrant that it will be possible for you to use the Service, including but not limited to the vouchers, in your geographic location or region in a way that will not infringe applicable law in whatever form.
10.1. Pointvoucher DS Games ApS may terminate your User without any reason with a notice of 30 days. Such notice shall be provided to the e-mail address provided by you. If Pointvoucher DS Games ApS should terminate your User, you are encouraged to redeem any Voucher Points and Coins that you may have collected or acquired in your User as Voucher Points and Coins not redeemed on deletion of your User will be lost.
10.2. Pointvoucher DS Games ApS may terminate your User and/or cancel your access to the Service temporarily or permanently without any notice in case of your material breach of the Terms, other applicable terms and conditions or any other form of default on your part in the relationship with Pointvoucher DS Games ApS, including your infringement of any applicable laws, third party rights or other kinds of behaviour apt to invoke liability on Pointvoucher DS Games ApS.
10.3. You may terminate the agreement governed by these Terms with Pointvoucher DS Games ApS by providing notice thereof in writing to Pointvoucher DS Games ApS or by deleting your User. If you should choose to delete your User, you will be requested to explicitly confirm that you understand and accept that all Voucher Points and Coins that you may have collected or acquired in your User will be lost. If you cannot accept this, you should redeem all Voucher Points and Coins prior to deleting your User.
11.1. Pointvoucher DS Games ApS may at its sole discretion assign Pointvoucher DS Games ApS's rights under these Terms in whole or in part.
11.2. You shall not be entitled to assign or otherwise transfer your rights under these Terms whether in whole or in part to any third party.
12.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW; THE SERVICE INCLUDING ALL FUNCTIONS IS PROVIDED "AS IS" AND "AS AVAILABLE" AND USED AND ACCESSED AT THE SOLE RISK OF YOU WITH NO GUARANTEES OR WARRANTIES WHATSOEVER;
12.2. POINTVOUCHER DS GAMES ApS DOES NOT MAKE ANY GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL GUARANTEES OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICE INCLUDING, BUT NOT LIMITED TO, GUARANTEES OR WARRANTIES OR CONDITIONS OF QUALITY, FUNCTIONALITY, COMPATIBILITY, LEGALITY, PERFORMANCE AND NON-INFRINGEMENT;
12.3. POINTVOUCHER DS GAMES ApS DOES NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT DATA/PACKET LOSS, NOR DOES THE SUPPLIER GUARANTEE OR WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF COMMUNICATION MADE THROUGH THE SERVICE;
12.4. POINTVOUCHER DS GAMES ApS IS NOT RESPONSIBLE FOR SOFTWARE INSTALLED OR USED BY YOU;
12.5. POINTVOUCHER DS GAMES ApS EXPRESSLY EXCLUDES ANY LIABILITY IN WHATEVER FORM FOR ANY KIND OF LOSS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES AND/OR STATUTORY AS WELL AS NON-STATUTORY LIABILITY FOR DEFECTIVE PRODUCTS.
13.1. Pointvoucher DS Games ApS shall not be in breach of these Terms or other applicable terms and conditions for failure to comply with its obligations under these Terms if such failure results from events, circumstances or causes beyond its reasonable control.
14.1. These Terms are to the fullest extent permitted by law governed in their entirety by Danish law except for rules on choice of law.
14.2. Any dispute arising out of or in connection with these Terms shall be resolved before the district court of Copenhagen applying to the fullest extent permitted by law under the application of Danish law.
15.1. In the event of a conflict bewteen different translations of these Terms, the English version will prevail.