GENERAL TERMS AND CONDITIONS FOR THE AMAZINGTOYS® VIP PROGRAMME
If you would like to become a VIP Member, you must accept these General Terms and Conditions for the AMAZINGTOYS® VIP Programme (“General Terms and Conditions”). Please read these General Terms and Conditions carefully before submitting your registration for the AMAZINGTOYS® VIP Programme (“Programme”) to us. If you are resident in the United States, please read the arbitration agreement and class action waiver below. The Programme refers to the incentive and rewards programme set out in these General Terms and Conditions. These General Terms and Conditions explain who we are, how we provide you with the Programme, and how you or we may amend or terminate the contract that these General Terms and Conditions constitute. They also contain other important information. If you believe that these General Terms and Conditions contain an error [or require an amendment], please contact our Customer Service. By participating in the Programme, you accept these General Terms and Conditions and agree to comply with them.
General
The Programme is a loyalty and rewards programme for Members and is provided by Amazing Enterprise AG, Zweierstrasse 123, 8003 Zurich, Switzerland, commercial register number CHE-305.929.293 (“Amazing Enterprise AG” or “we” or the “AMAZINGTOYS® Group”). AMAZINGTOYS® belongs to Amazing Enterprise AG. Further information about us can be found here. Any reference to Amazing Enterprise AG in these General Terms and Conditions automatically also refers to AMAZINGTOYS®.
In these General Terms and Conditions, you are referred to as “you” or the “Member”.
If you need to contact us, please write to:
Amazing Enterprise AG, Zweierstrasse 123, 8003 Zurich, Switzerland.
You can contact our Customer Service by phone at any time on 043 333 22 02 (business hours are Monday to Friday, 14:00–19:00 CET) or send an email to info@amazingtoys.ch.
Amazing Enterprise AG may, at its sole discretion, terminate, amend, suspend or adjust any aspect of the Programme in whole or in part (including Rewards and/or Points, as defined below), provided that such a change does not have a significant negative impact on the value of Members' Points at the time of the change. Should a significant negative impact on the value of Members' Points be imminent, Members will be notified of such changes two months in advance by email to the email address registered on the VIP account at that time.
These General Terms and Conditions and any amendments are deemed accepted when you use your VIP card to collect or redeem Points, to order or use a Reward or benefit offered under this Programme, or if no objection from you has been recorded within 30 days of notification. If you cannot accept the changes to the Programme, you are free to end your membership by deleting your VIP account.
In addition, all AMAZINGTOYS® Stores owned by Amazing Enterprise AG worldwide participate in the Programme, as does our online shop at www.amazingtoys.com. A list of participating AMAZINGTOYS®-owned Stores can be found here.
Membership
Eligibility
Only natural persons who are at least eighteen (18) years old and resident in a country where the Programme is offered are eligible to participate. The Programme is intended for natural persons only. Companies, associations and other groups or legal entities are excluded from participating in the Programme. A list of the countries in which the Programme is offered can be found here. A Member's place of residence is deemed to be their actual physical home (e.g. their main residence). Personal and residence details must be provided accurately and truthfully, and proof must be provided on request to Amazing Enterprise AG, an Amazing Enterprise AG company, or the operator of the certified AMAZINGTOYS® Store where registration takes place.
Amazing Enterprise AG decides whether an eligible person is granted membership of the Programme. Amazing Enterprise AG may refuse membership to persons who do not meet the requirements of the Programme. Amazing Enterprise AG is not obliged to give reasons for refusing membership.
A Member may only submit a single membership application, and each Member may hold only one VIP account under their official name. In the event of duplicate accounts, the account with the lower Points balance will be deleted and all Points collected on that account will be transferred to the other account.
The Member guarantees the accuracy of all information provided, including full name, address, valid email address and telephone number, and is solely responsible for any inaccurate, incomplete or outdated information. All data, including personal data, is used and shared by Amazing Enterprise AG, the Amazing Enterprise AG group companies, trusted partners and service providers, and operators of certified AMAZINGTOYS® Stores to the extent required for the Programme. This is explained further in the data protection section below and in the AMAZINGTOYS® privacy policy and the Amazing Enterprise AG privacy policy here.
Individuals, companies, associations or groups may not instruct, encourage or permit individuals to use a single VIP account or AMAZINGTOYS® account (as defined below) to collect Points or Rewards for combined use.
All Points and resulting Rewards must be collected, earned and used in accordance with the rules and guidelines set out in these General Terms and Conditions. Amazing Enterprise AG has final decision-making authority as to whether an activity qualifies for Points and/or Rewards.
Amazing Enterprise AG does not knowingly collect personal data from children or persons under the age of 18.
No Points are credited for fraudulent or refunded/cancelled transactions.
Loss, theft or damage of the VIP card must be reported to Customer Service without delay. If a Member reports a lost, stolen or damaged card, the card will be replaced/reissued (please note that Amazing Enterprise AG plans to discontinue the issuance of physical cards in the coming years for environmental reasons). Amazing Enterprise AG is not liable for fraudulent use of the VIP card or for a Member's failure to comply with these provisions, unless caused by wilful misconduct or gross negligence on the part of Amazing Enterprise AG.
The sale, purchase, resale, exchange, trade or brokering of Points or Rewards for payment is prohibited. Persons who breach this provision, including Members who use purchased or exchanged Points or Rewards, are liable for damages and costs of proceedings. Points and Rewards have no cash value and may under no circumstances be paid out in cash or exchanged for gift cards.
Signing up for membership
Individuals can sign up as Members of the Programme as follows:
a) by signing up in an AMAZINGTOYS® Store (participating AMAZINGTOYS® Stores near you can be found here) or by contacting Customer Service by phone on 043 333 22 02, and subsequently using the link received by email after signing up in-store to confirm membership by creating an AMAZINGTOYS® account and registering the VIP card number online. Registration of membership is only complete once an AMAZINGTOYS® account has been created and the VIP card has been registered under that account;
b) by signing up at AMAZINGTOYS.ch/VIP-Programm and creating an AMAZINGTOYS® account.
When signing up, a Member must provide the following details:
- Member name (first and last name)
- Valid email address
- Date of birth
- Country and region of residence
Each Member is solely responsible for keeping their login details and other account information confidential, and is solely liable for all activity on their account, unless resulting from wilful misconduct or gross negligence on the part of Amazing Enterprise AG. The Member is responsible for keeping all account information up to date. The Member agrees to notify AMAZINGTOYS® Customer Service without delay of any unauthorised use of the Member account or other security breaches.
Membership begins when a VIP account is opened following completion of registration. If the person concerned is already a Member of the Programme, a further sign-up to open another VIP account is invalid, i.e. only one account may be opened and held per person.
VIP account
The VIP account is an account on which Points earned by a Member under the Programme are collected. It may be used for purchases and for the purposes expressly set out in these General Terms and Conditions.
AMAZINGTOYS® VIP card
Once the Member has registered their VIP account, an electronic VIP card is issued, which can be accessed via the Apple Passport app or Google Pay. If requested by the Member, a physical VIP card will be sent to the Member. However, in keeping with Amazing Enterprise AG's commitment to environmental protection, this service will be discontinued entirely in the coming years, should Amazing Enterprise AG decide to stop issuing or reissuing physical cards.
AMAZINGTOYS® ID
A Member's AMAZINGTOYS® account (“AMAZINGTOYS® ID”) is used for personal identification purposes, e.g. when requesting Rewards, checking your online VIP account and accessing your VIP account's redemption portal. An AMAZINGTOYS® account, and therefore an AMAZINGTOYS® ID, is required to participate in the Programme. The Member is responsible for preventing misuse of their AMAZINGTOYS® ID by not granting any unauthorised third party access to the AMAZINGTOYS® account. AMAZINGTOYS® Customer Service must be notified without delay of any suspected misuse of the AMAZINGTOYS® ID.
Member status
Amazing Enterprise AG reserves the right to make special Rewards, promotional offers or activities available to specific groups of Members based on their Programme activity, including Points status and history, place of residence, order history/product preferences and Rewards history. The terms and conditions for such special Rewards, promotional offers or activities, including for example their type, scope, duration and availability, are provided together with the offer/activity and may vary.
Earning Points
General information
The Programme allows Members, as individuals and solely for their own account, to collect loyalty points (“Points”) and redeem them for “Rewards” (as defined below). The Programme may be structured such that a Member is offered certain benefits based on their current balance of “redeemable” Points (i.e. Points that have not yet been redeemed) or of “Programme Points” (i.e. all non-expired Points collected by the Member, whether already redeemed or not). Amazing Enterprise AG reserves the right to suspend, discontinue, revalue or amend this internal Points or Rewards value structure, offers, products or services in whole or in part, without liability or notice to Members. Amazing Enterprise AG may, from time to time, offer Members benefits or privileges in exchange for a certain number of Member Points and/or following a specific action by the Member (“Rewards”). Rewards may include, among other things: a discount on the purchase of a product on AMAZINGTOYS.ch or at participating AMAZINGTOYS® Stores and certified AMAZINGTOYS® Stores, a digital image of a product as a download, made available immediately or sent to the registered email address, or voucher codes for discounts or products redeemable on AMAZINGTOYS.ch or third-party websites. A list of the Rewards on offer, together with their associated terms and conditions, is available at any time in the Member's VIP redemption portal. The nature of these Rewards and the number of Points or actions required to obtain these benefits or privileges are determined by Amazing Enterprise AG at its sole discretion, may change at any time or from time to time, may only be available for a limited period, and are subject to change. Only a limited number of certain Rewards may be available. These Rewards are issued on a first-come, first-served basis. Amazing Enterprise AG reserves the right to change, adjust or revise the available Rewards. Members should not rely on any particular Reward remaining available on a permanent basis. The number of Points required to redeem a Reward may increase significantly, Rewards may be withdrawn, and restrictions on Rewards or their redemption may be imposed by Amazing Enterprise AG or its representative or the third-party business partner providing the Reward. Rewards are non-assignable and non-transferable and may not be exchanged or sold. Rewards that are assigned, transferred, exchanged or sold in breach of these provisions may be forfeited or cancelled. Should a pattern be identified whereby the redemption of Points for Rewards is regularly preceded or followed by a change of address on the corresponding Programme account, this may be regarded as fraudulent redemption and may result in termination of your membership of the Programme. Amazing Enterprise AG reserves the right to replace Rewards with other Rewards of comparable or higher value if a redeemed Reward becomes unavailable for any reason. Rewards depicted at points of sale, online, in television or print advertising, on promotional packaging or in other Programme materials are for illustrative purposes only. The actual Reward may differ from the Reward depicted.
Calculations under the Programme are based on Points credited to the Member's VIP account. These Points are calculated in the same way worldwide, but the number of Points a Member can earn by purchasing a particular product varies by country, as prices differ. The principles for allocating Points and Rewards can be found here. These are updated regularly.
Points may only be used for the purposes expressly set out in these General Terms and Conditions or specifically in the provisions for a Reward, promotional offer or activity. Points have no cash value whatsoever. Points may be collected to obtain a discount on eligible purchases or to be redeemed for Rewards available in the redemption portal.
Members can earn Points as soon as their membership has begun. Points may only be credited to a Member's VIP account for purchases or activities carried out by the Member themselves, unless otherwise specified in these General Terms and Conditions or in the provisions for specific offers, activities or promotions run by Amazing Enterprise AG. These Points are credited to the VIP account at the moment of payment. Please note that, for eligible telephone and online purchases, payment is only taken at the time of shipping. After payment, it may take up to 24 hours for earned Points to appear on the VIP account/become available for use in the redemption portal.
You can earn Points on an eligible purchase of a product in an AMAZINGTOYS® Store, on AMAZINGTOYS.ch or at a participating certified AMAZINGTOYS® Store. Eligible purchases are all services and products except gift cards. Members can also earn Points in other ways. This is communicated specifically by Amazing Enterprise AG from time to time in emails or online posts. Amazing Enterprise AG may also, at its own discretion, credit “bonus Points” for certain actions (e.g. for signing up early or for frequent activity). Additional rules and restrictions may apply to such bonus Points.
To receive Points in an AMAZINGTOYS® Store or at participating certified AMAZINGTOYS® Stores, the Member must present their VIP card at the checkout. To earn Points on online purchases on AMAZINGTOYS.ch, the Member must log in to their AMAZINGTOYS® account (the AMAZINGTOYS® ID) before making the purchase.
To earn Points on telephone purchases, the Member's VIP membership must be registered and the Member must provide their VIP card number when placing the order.
Only Points earned in strict compliance with the requirements set by Amazing Enterprise AG are valid. The Member must not attempt to collect Points in a way that merely simulates compliance with the applicable requirements (including through the use of scripts, bots or other automated means).
Amazing Enterprise AG reserves the right to deduct from a Member's account any Points obtained unlawfully.
Shipping costs are not taken into account when awarding Points. In certain countries (for example the United States of America and Canada), taxes are charged separately from the purchase price and are therefore not taken into account when awarding Points.
While Points cannot be redeemed for the purchase of gift cards, Points are earned on eligible purchases made using a valid gift card.
Amazing Enterprise AG is not a party to any contract you enter into with the operator of a certified AMAZINGTOYS® Store, and Amazing Enterprise AG bears no responsibility whatsoever for goods or services provided by such an operator of a certified AMAZINGTOYS® Store. The operator of a certified AMAZINGTOYS® Store is, as the seller, solely responsible for the goods or services provided by that operator of a certified AMAZINGTOYS® Store.
As further explained below in the section “Third-party websites and services”, Amazing Enterprise AG is not responsible for Rewards provided by a third party.
Other loyalty programmes
Operators of certified AMAZINGTOYS® Stores may offer or participate in similar customer programmes. Membership of the Programme does not confer any rights or benefits in respect of these other programmes offered by operators of certified AMAZINGTOYS® Stores or their affiliated companies.
Redeeming Points
General provisions on redeeming Points
Points can be redeemed for Rewards in our redemption portal or at eligible AMAZINGTOYS® Stores, certified AMAZINGTOYS® Stores or on AMAZINGTOYS.ch. Points cannot be paid out in cash or converted into a gift card. While Points can be earned at all eligible AMAZINGTOYS® Stores, certified AMAZINGTOYS® Stores or on AMAZINGTOYS.ch, they can only be redeemed in the country in which the Member is resident.
Points cannot be redeemed in the same transaction in which they are collected, unless expressly stated otherwise in the terms of an Amazing Enterprise AG offer or promotion.
Points can only be redeemed in countries that participate in the Programme. A list of these countries, together with the Points value for each participating country, can be found here. This information is updated regularly. The Points value is calculated on the basis of the Points value in the relevant country. Please note that Amazing Enterprise AG considers it an abuse of the Programme if a Member collects Points in one country to their advantage and redeems them in another country, or has a corresponding order shipped to another country. Occasional purchases of this kind are permitted. However, if we identify a pattern, this may result in the deletion of your VIP account and your Points.
No additional Points can be purchased under this Programme.
If a product is returned and the price refunded, Points earned or redeemed for the purchase will be handled in accordance with the returns policy of the AMAZINGTOYS® Store or certified AMAZINGTOYS® Store where the Member made the purchase, for example by means of a store credit or a voucher. For purchases made on AMAZINGTOYS.ch, a voucher code covering the redeemed Points will be issued, which can be used for a further purchase. If Points have been redeemed for a Reward, that Reward cannot be returned and the redeemed Points will not be re-credited, unless otherwise stated in the terms of the Reward.
If Points have been credited to a Member's VIP account in error, Amazing Enterprise AG reserves the right to withdraw or delete those Points erroneously added to the Member's account. Amazing Enterprise AG will not tolerate any deliberate or knowing exploitation of such an error by the Member. Such exploitation may result in immediate termination of the Member's membership, forfeiture of all Points earned, and exclusion from future membership of the Programme.
Consequences of misuse
In the event of inappropriate use for which the Member is responsible, Amazing Enterprise AG reserves the right to terminate membership, to confiscate Points or Rewards, to refuse to release Points or Rewards, or to refuse the redemption of Points or Rewards.
Expiry of Points
All Points expire if no activity has been recorded on the VIP account for 18 months. Activity means the collection or redemption of Points. This 18-month period is reset whenever there is activity. Amazing Enterprise AG will send you a reminder by email, to the email address on your VIP account, three months before Points expire. Inactive accounts are deactivated after 18 months of inactivity. Data on the VIP account is deleted after three years of inactivity. Please note that certain related data, e.g. the AMAZINGTOYS® ID, purchase data or other data, is subject to the data retention policies for these services. Further information on data retention can be found in the data retention policies and our privacy policies. POINTS COLLECTED ARE NOT CONSIDERED YOUR PROPERTY AND HAVE NO VALUE WHATSOEVER OUTSIDE THE PROGRAMME. POINTS ARE CREDITS THAT AMAZING ENTERPRISE AG MAY WITHDRAW AT ANY TIME, AS SET OUT HEREIN. POINTS ARE NOT TRANSFERABLE IN THE EVENT OF DEATH, IN THE CONTEXT OF DOMESTIC RELATIONSHIPS OR OTHERWISE.
Personal Data, Data Protection and Audits
Amazing Enterprise AG collects, stores and processes your personal data in accordance with all applicable data protection laws, including the General Data Protection Regulation and applicable national data protection laws.
Amazing Enterprise AG may disclose or make your personal data available to other members of Amazing Enterprise AG, the operators of certified AMAZINGTOYS® Stores, and our suppliers and/or service providers in connection with general Programme operations, e.g. maintaining the Programme, analytics tasks, marketing tasks, etc. In addition, Amazing Enterprise AG may process your personal data in a non-identifiable, aggregated, pseudonymised or anonymised form for the purposes of administering, further developing and marketing the Programme.
Please note that some Rewards, promotions or offers are provided and administered by independent third parties on behalf of Amazing Enterprise AG and may be subject to their own data protection terms, under which you may be asked to give separate consent to the use of your personal data. In such cases, Amazing Enterprise AG will inform you that you are leaving the AMAZINGTOYS® platform/website. Be sure to read the relevant terms and conditions carefully before agreeing to them. Similarly, sharing content on social media requires you to accept the terms and conditions of those platforms. Amazing Enterprise AG cannot be held liable for the processing of your personal data by these third parties.
Further information on how Amazing Enterprise AG processes personal data, including your rights as a data subject, can be found in the privacy policy on our website at www.AMAZINGTOYS.ch/privacy. Please note that our privacy policy may change from time to time. We therefore recommend that you review our privacy policy regularly to ensure that you are aware of any changes.
Audits
Amazing Enterprise AG reserves the right to audit any account in the Programme at any time and without prior notice to the Member, in order to ensure compliance with the rules of the Programme.
If discrepancies or breaches are identified during an audit, we may postpone the processing and/or use of Points or Rewards until the discrepancies or breaches have been resolved to our reasonable satisfaction. During such an audit and until the audit result is available, Members may be prevented from redeeming Points or using Rewards, services or benefits related to the Programme, as determined at our sole discretion.
Amazing Enterprise AG also reserves the right to share information with other Amazing Enterprise AG group companies, certified AMAZINGTOYS® Stores, trusted partners and service providers, or their representatives, for audit purposes.
Liability and limitation of liability
Neither Amazing Enterprise AG nor the Amazing Enterprise AG group companies or the operators of certified AMAZINGTOYS® Stores shall be liable for losses, expenses (including legal costs), accidents or inconvenience arising in connection with the use of Points or Rewards, or as a result of defects or faults in Rewards ordered from partners, unless such damage or loss arises from wilful misconduct or gross negligence on our part, and unless otherwise required by applicable law. No provision of this Agreement limits the liability of Amazing Enterprise AG under applicable law.
Lost, stolen or expired Points or Rewards will not be reimbursed, replaced or extended.
Unless otherwise stated above, and subject to applicable law, Amazing Enterprise AG shall not be liable for any loss or damage arising from the termination of, or any change to, the Programme. Members may not bring claims for damages against Amazing Enterprise AG on the basis of country-specific changes that are legally required or recommended.
Should Amazing Enterprise AG be found liable under these General Terms and Conditions or applicable law, the Member's sole remedy shall be the restoration of lost Points or Rewards (the latter, where applicable, may be replaced by other reasonable, alternative and comparable benefits, as determined by Amazing Enterprise AG).
Any further liability for losses or damages is excluded, except for claims that may not be excluded under applicable law.
The Programme and/or any Rewards are void where prohibited by law. Laws in certain countries may impose restrictions on the provisions governing use of, or membership in, the Programme. Due to local laws and regulations, Amazing Enterprise AG may be unable to make the Programme, or parts of it, available in certain countries or to certain persons. Amazing Enterprise AG shall not be liable where such local laws are complied with, and accordingly reserves the right to terminate a Member's participation in the Programme and to cancel any Points or Rewards the Member may have collected. If a Reward is no longer available, Amazing Enterprise AG may replace it with a benefit of equal or greater value. Programme Points or Rewards cannot be paid out in cash or redeemed for gift cards.
The Member is liable for any claims by third parties, including tax authorities, arising from membership of the Programme, Points or Rewards.
Liability and limitation of liability
Amazing Enterprise AG is liable for wilful misconduct and gross negligence. In addition, Amazing Enterprise AG is liable for the negligent breach of obligations the fulfilment of which is essential to the proper performance of the contract in accordance with these General Terms and Conditions, and the breach of which would jeopardise the achievement of the purpose of the contract under these General Terms and Conditions, and on whose observance you may typically rely. In the latter case, Amazing Enterprise AG shall only be liable for foreseeable damage typical for this type of contract. Amazing Enterprise AG shall not be liable for breaches of obligations resulting from slight negligence, other than those stated above.
The above exclusions of liability do not apply in the event of death, bodily injury or damage to health. Liability under product liability laws remains unaffected.
PROGRAMME MALFUNCTIONS AND CONDUCT
Amazing Enterprise AG accepts no responsibility for lost, interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites or other connections, or for misunderstandings, or failed, garbled, encrypted, delayed or misdirected transmissions by computer, telephone or cable, or for technical defects, errors or difficulties or other faults of any kind, or for the incorrect or inaccurate capture of information or the failure of any data capture. In addition, Amazing Enterprise AG is not responsible or liable for computer, programming or printing errors, or for the crediting of unintended Points or Rewards. Under no circumstances shall Amazing Enterprise AG be liable for claims relating to the crediting of unintended Points or Rewards, and you expressly release Amazing Enterprise AG from any such claims. If the Programme cannot be carried out as intended for any reason, including as a result of errors of any kind, computer viruses, bugs, manipulation, unauthorised intervention, fraud, technical failures or other causes beyond the control of Amazing Enterprise AG that prevent or impair the administration, security, fairness, integrity or proper conduct of the Programme, Amazing Enterprise AG reserves the right, at its sole discretion, to terminate, cancel, amend or suspend the Programme, or otherwise respond to the circumstances in whatever manner it deems appropriate. Should Amazing Enterprise AG be unable to continue the Programme as intended herein due to events beyond its control, including fire, flood, natural or man-made disease epidemics or the like, earthquake, explosion, labour dispute or strike, force majeure or attack by enemies of the state, satellite or equipment failure, riot or civil unrest, terrorist threat or attack, war (declared or undeclared), or any regional or local laws, orders or regulations, public health crisis, judicial or nationwide order, or other causes that cannot reasonably be controlled by Amazing Enterprise AG (an event or occurrence of “force majeure”), Amazing Enterprise AG shall have the right to amend, suspend or terminate the Programme in whole or in part.
Any attempt by you to access the Programme by means of a bot script or other methods of forced access will result in you no longer being eligible to participate in the Programme. Amazing Enterprise AG reserves the right, at its sole discretion, to exclude from participation, or to terminate the participation of, any person who (i) manipulates the operation of the Programme, (ii) breaches these General Terms and Conditions of the Programme, the AMAZINGTOYS® terms of service or any other provisions contained therein, (iii) acts in an unethical or disruptive manner, (iv) acts with the intent to annoy, insult, threaten or harass Amazing Enterprise AG, its representatives or other persons in any way in relation to the Programme, (v) manipulates, alters or attempts to alter Points balances, (vi) manipulates, alters or attempts to alter, generates or attempts to generate, or duplicates or attempts to duplicate Points, or (vii) colludes or attempts to collude, without authorisation, with one or more other Programme account holders in order to gain an unfair advantage by exchanging knowledge or information for the purpose of earning Points.
Termination
Termination by you
You can end or terminate your VIP membership at any time as follows:
- Contact Amazing Enterprise AG via Customer Service, either by phone or by email/the Customer Service website. Customer Service staff will ask you security questions about your VIP account in order to identify you as the holder of the VIP account.
Please note that your Points will be deleted if you close or terminate your VIP account. Your account will be deleted in accordance with our data retention policy.
Termination by us
Amazing Enterprise AG reserves the right to end the Programme, and therefore your membership, provided you have been notified in writing by email, to the email address registered on your VIP account, 2 (two) months in advance.
Amazing Enterprise AG also reserves the right to terminate your membership immediately after sending a notification to the email address registered on your VIP account, if you breach your obligations under these General Terms and Conditions. We reserve the right not to grant you an opportunity to remedy the breach if it involves misuse of the Programme on your part, as set out in these General Terms and Conditions. Nothing in these General Terms and Conditions limits the right of Amazing Enterprise AG to exercise its statutory or similar rights or remedies.
Following termination, your Points will be deleted and Amazing Enterprise AG is not obliged to offer you any compensation for Points that were unused at the time of termination.
Miscellaneous
Third-party websites and services
The Programme may provide offers from third parties or links to third-party platforms (e.g. social media platforms, Reward or promotional providers). Amazing Enterprise AG will inform you on screen when you leave our website. Please note that these other websites are not under the control of Amazing Enterprise AG, and Amazing Enterprise AG accepts no responsibility whatsoever for the content of such websites or platforms. Please also note that such websites or platforms may be subject to other terms and conditions relating to use and data protection, over which we have no control. Before using these websites or services, you should carefully read the relevant terms. You further acknowledge and accept that Amazing Enterprise AG is not responsible for the accuracy, legality, appropriateness or other aspects of the content or functioning of such websites. The provision of such links does not imply any endorsement of the website by Amazing Enterprise AG, or any association with its operators.
Some Rewards or promotions made available to you under the Programme are offered/provided by third parties. Amazing Enterprise AG is not liable to you for the provision of such Rewards, for payment for goods or services, or for any other terms, conditions, warranties or commitments relating to these Rewards or promotions. All matters relating to these Rewards or promotions must be resolved solely between you and the third-party provider offering or providing the Reward or promotion.
Governing law, jurisdiction
This Agreement is governed exclusively by Swiss law, and the exclusive place of jurisdiction is the court of the City of Zurich, Switzerland. This applies where the Member is resident in Switzerland and where the Member is resident outside the European Economic Area (EEA), provided that this does not affect the protection afforded to the Member by provisions from which no derogation may be made by law in the Member's place of residence. In addition, the Member may be sued at their general place of jurisdiction or at any other place where jurisdiction exists.
To the extent that applicable laws in the jurisdiction in which the Member is resident conflict with the provisions of this Agreement, we will comply with the applicable statutory requirements.
Arbitration provisions (applicable to Members in the United States only)
By participating in the Programme in any way, you unconditionally agree to the following: (1) any claims against, disputes or controversies (whether in contract, tort or otherwise) with Amazing Enterprise AG and/or its parent, subsidiary or partner companies and their respective members, executive board members, directors and employees (collectively referred to herein as the “Amazing Enterprise AG Companies”), arising in any way out of, relating to or in connection with the Programme, or the determination of the scope or applicability of this Agreement to arbitration, shall be resolved exclusively, finally and bindingly by arbitration administered by JAMS and conducted before a single arbitrator in accordance with the JAMS rules; (2) this arbitration agreement is entered into pursuant to a transaction involving interstate commerce and is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator's decision shall be made in accordance with the terms and conditions of this Agreement and any other agreements referred to herein that the relevant user may have entered into in connection with the website; (5) the arbitrator shall apply California law in accordance with the FAA and applicable rules on limitations, and shall take into account legally recognised privileges not to testify; (6) there is no right to arbitrate claims as class actions or representative actions, and the arbitrator may not consolidate or combine the claims of other persons or parties in a similar position; (7) the arbitrator has no authority to award punitive damages against you or any Amazing Enterprise AG Company; (8) should the administrative costs and deposits payable to initiate arbitration proceedings against an Amazing Enterprise AG Company exceed USD 125, and you are unable (and, under the JAMS rules, not required) to pay fees and deposits in excess of this amount, Amazing Enterprise AG agrees to pay and/or advance these on your behalf, subject to final allocation by the arbitrator. Furthermore, if you can demonstrate that the costs of arbitration are prohibitive compared to the costs of litigation, Amazing Enterprise AG will bear such a share of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) except as provided in paragraph (6) above: if any part of these arbitration provisions is found to be invalid, unenforceable or illegal, or otherwise conflicts with the JAMS rules, the remainder of these arbitration provisions shall remain in effect and shall be construed in accordance with their terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. However, should paragraph (6) be found invalid, unenforceable or illegal, these arbitration provisions shall be null and void in their entirety, and neither you nor Amazing Enterprise AG shall be entitled to resolve disputes by arbitration. Further information on JAMS and/or the JAMS rules can be found on the website at www.jamsadr.com.
Amazing Enterprise AG 2023