GENERAL BUSINESS TERMS AND CONDITIONS FOR MUNDAWEB Loyalty Merchant (Recommender)



As amended: June 2016


0. Contractual Parties and Legal Relationship 

0.1  MUNDAWEB GLOBAL. CO LIMITED  (a company incorporated under the laws HONG KONG/ CHINA with registration number 2548266 principal office address: UNIT 1204, 12/F., NAM WO HONG BUILDING 148 WING LOK STREET HONG KONG (“MundaWEB” Global Limited .),operates a shopping community worldwide, which  (”Loyalty Merchant”) offer discounts to MundaWEB Members and therefore receive free of charge a personal customized business mobile phone Application, which enables MundaWEB Members to share their discounts, to raise money for Charities and People in Need.

By becoming a Loyalty Merchant/Recommender ("Loyalty Merchants") the Loyalty Merchant/Recommender has a contractual relationship with MundaWEB International Ltd. By applying for Loyalty Merchant/Recommenter in the MundaWEB Loyalty Program and upon MundaWEB approving such application in accordance with the terms of these (“GTCs”) General Business Terms and Conditions for MundaWEB Loyalty Merchant/Recommender (“GTCs”).

Upon becoming a Loyalty Merchant/Recommender and whilst being Loyalty Merchant/Recommender, the Loyalty Merchant/Recommender agrees to be bound by the terms of these GTCs (including all recital, clause, schedule, annexure or exhibit thereto) and in consideration of the foregoing MundaWEB enables the Loyalty Merchant/ Recommender to participate in the MundaWEB Loyalty Program in accordance with these GTCs. These GTCs (including all recital, clause, schedule, annexure or exhibit thereto) form a legally binding agreement (“Agreement”) between MundaWEB and the Loyalty Merchant/Recommender.


0.2 Unless otherwise stated in these GTCs, words and expressions have the interpretation assigned to them in accordance with the Annex to these GTCs.


1. Subject of the contract


1.1 The Loyalty Merchants ("Loyalty Merchants") shall be registered in the MundaWEB Loyalty Program in order for the Loyalty Merchant to offer discounts to MundaWEB Members and to obtain the  (Percentage Bonuses) offered by the MundaWEB Loyalty Program in accordance with these GTCs, and must be recorded in one of the following ways:

MundaWEB Phone application, Online or other methods for registration provided. These possible ways in which Loyalty Merchants can be recorded are described in more details under Clause 4.3.


1.2 The Loyalty Merchant/ Recommemder is entitled, in accordance with and subject to these GTCs, to participate in the MundaWEB Loyalty Program by offering discounts on goods and services to MundaWEB Members, to distribute their personal customized business phone application to new Members and Loyalty Merchant and to register, activate them with their Loyalty Merchant/ Agent A.D and therefore to earn Loyalty Merchant Percentage Bonuses.

The Loyalty Merchant can recommend the MundaWEB Loyalty Program to new Loyalty Merchant and Members ("Members") and register, activate the said Members as his MundaWEB Members ("Members") or his Loyalty Merchant. The Loyalty Merchants are authorized to recommend new Loyalty Merchant and Members within the meaning of Clause 3.4. as Loyalty Merchant/Recommender.

2. Application for Loyalty Merchant/ Recommender


2.1 Upon approval of an application for Loyalty Merchant by MundaWEB in accordance with these GTCs an applicant becomes a Loyalty Merchant/Recommender/ Agent and receives a personal customized business mobile application with his personal, non-transferable identification number (“Loyalty Merchant/Recommender/ Agent ID”). This entitles him to participate in the MundaWEB Loyalty Program (but does not make him a Member of any registered or unregistered club, society or association.


2.2 A Merchant can register as Loyalty Merchants ("Loyalty Merchants"), by using either the MundaWEB phone application, online registration, or other methods for registration provided by MundaWEB.


2.3 The Loyalty Merchants ("Loyalty Merchants") declares that the personal information and the information of the registered Member ("Member") or Loyalty Merchants ("Loyalty Merchants") provided by him to MundaWEB (subject to any personal data privacy legislations applicable) is true and accurate to his/her belief and shall indemnify MundaWEB and keep MundaWEB harmless of all loss and damages and claims by any third parties as a result of the provision by the Loyalty Merchants ("Loyalty Merchants") of inaccurate/false information. The Loyalty Merchants/Recommender ("Loyalty Merchants") undertakes to inform MundaWEB without undue delay of any possible changes to the information provided (in particular address, E-Mail address, pay pal/bank account details, telephone number etc.).


2.4 For Loyalty Merchants/ Recommender registration must be accompanied by the provision of the Loyalty Merchants (in particular address, E-Mail address, pay pal/bank account details, telephone number etc.)  and then will receive a Loyalty Merchant Member “ID” number.


3. Loyalty Merchants Obligations


3.1 No employment, partnership, joint venture, service or agency relationship whatsoever shall be established between MundaWEB (including its parents, subsidiaries and affiliates) and the Loyalty Merchants ("Loyalty Merchants"). Participation in the MundaWEB Loyalty Program and the recommendation of further new Loyalty Merchants and Members ("Members") are a Loyalty Merchants ("Loyalty Merchants") self-employment and the sole act of the Loyalty Merchants ("Loyalty Merchants") acting legally independent from MundaWEB.


3.2 The Loyalty Merchants ("Loyalty Merchants") shall only be entitled to Loyalty Merchants/Percentage Bonuses if the Member application is activated first with his Loyalty Merchant I.D.

The Loyalty Merchants ("Loyalty Merchants") shall not be entitled to any other kinds of rewards beyond the Loyalty Merchants ("Loyalty Merchants") Percentage Bonus prescribed by these GTCs. The Loyalty Merchant/Recommender shall not be entitled to the reimbursement of expenses incurred by him/her in participating in the MundaWEB Loyalty Program or in recommending other Members or Loyalty Merchant .


3.3 The Loyalty Merchants ("Loyalty Merchants") shall be authorized (after signing an associate Loyalty Merchants Agreement') to represent MundaWEB) as an Independent Loyalty Merchants ("Loyalty Merchants") and/or for the purpose of recommending new Loyalty Merchants and Members. The Loyalty Merchant is entitled to receive Percentage Bonus but do not to carry out the collection of funds on behalf of MundaWEB. If a Loyalty Merchants violates this Clause 3.3 MundaWEB may terminate his/her Loyalty Merchant membership immediately.


3.4 With the prior written consent and a Loyalty Merchants/ Recommender agreement of MundaWEB, the Loyalty Merchants shall be permitted, to:

3.4.1 carry out events, such as for example information events, workshops, seminars, etc. relating to and making reference to MundaWEB or to the MundaWEB Loyalty Program;

3.4.2 recommend, as Loyalty Merchant new Members


4. MundaWEB Loyalty Program


4.1 By Purchases from Members by MundaWEB Loyalty Merchants, the activating Loyalty Merchants/ Recommender shall acquire Loyalty Merchants Percentage Bonuses in accordance with the GTCs. Only after activating and thereby registering the Member with his Loyalty Merchant “ID” the Loyalty Merchant or recommender of this new Member shall receive Percentage Bonus through Purchases made by Members at any registered Loyalty Merchant in accordance with the GTCs.

By recommending new MundaWEB Loyalty Merchants, the recommending/activating Loyalty Merchants shall acquire Loyalty Merchants Percentage Bonuses in accordance with the GTCs.

The Loyalty Merchants Percentage Bonuses as well as their prerequisites are described in more detail under Clause 6.


4.2 Calculation and amount of Loyalty Merchants  Percentage Bonuses and Member Discounts are based on MundaWEB’ agreements with individual Loyalty Merchants. Current Loyalty Merchants, including the amount of Loyalty Merchants / Recommender Percentage Bonuses and Discounts that are granted in each case, can be viewed at www.mundaweb.com.


4.3 As aforementioned in Clause 1.1 above, the Loyalty Merchants has the following ways and must use one of the following ways for the recording of his Members.


4.3.1 MundaWEB Phone Application or online at www.mundaweb.com

4.3.2 Online Shopping: With Online Shopping the Loyalty Merchants can:


4.3.3.1 log-in at www.mundaweb.com with his access data and then select the online register;

or

4.3.4.access the Online Shops via MundaWEB mobile app, online channel, softwares or tools that is provided by MundaWEB for the recording of Purchase data and directly make Purchases in the Online Shop of the Loyalty Merchant. The Purchases can only be recorded if the system used by the Loyalty Merchant during the process permits cookies and when an Ad Blocker or Script Blocker has not been deployed. Detailed rules concerning Online Shopping can be found under Clause 5.


4.4 In the cases dealt with under Clauses 4.3.1 and 4.3.4 the Loyalty Merchant transmits the recorded Purchase and/or billing data to MundaWEB for the calculation of the resulting Loyalty Merchant/Recommender Percentage Bonus.


5. Online Shopping


5.1 Loyalty Merchant should inform themselves concerning online shopping at wwwmundaweb.com with the FAQ section under the point Online Shopping.


5.2 If any legislations on distance selling apply, the Percentage Bonus from Loyalty Merchants as well as from Online Shopping Purchases pursuant to Clause 8.4 does not accrue unless any cooling-off period or right of withdrawal under such legislations has expired and that the Loyalty Merchants has not exercised his right.


5.3 The Loyalty Merchants is only entitled to Loyalty Merchants/ Recommender Percentage Bonus for Purchases made in the Online Shops of Loyalty Merchants, which are listed with MundaWEB, pursuant to www.mundaweb.com,


5.4 MundaWEB has no control over the websites of Online Shops of Loyalty Merchants or any third parties linked thereto by the MundaWEB website, and shall not be liable for any contents contained in such websites/Online Shops.


6.  Loyalty Merchants Percentage Bonus from the MundaWEB Loyalty Program


6.1 When purchases made by Members which are recommended, first activated and registered by an Loyalty Merchant in the MundaWEB Loyalty Program, make the Loyalty Merchant/Recommender eligible to receive Loyalty Merchant Recommender Percentage Bonus. The Loyalty Merchant Percentage Bonus are based on the conditions contractually agreed between MundaWEB and the respective Loyalty Merchants and therefore vary according to different Loyalty Merchants, industry sector and country.


6.2 Percentage Bonus: for Purchases from Members by Loyalty Merchants which are registered and first activated by the recommending Loyalty Merchant/ Recommender in the MundaWEB Loyalty Program the recommending Loyalty Merchant/ Recommender shall receive up to 10 % of the discount amount agreed with the Loyalty Merchant and MundaWEB. The Percentage Bonus rate of the respective Loyalty Merchant shown on www.mundaweb.com (Login area) at the time of the making of the Purchase shall be applicable to the Purchase. Percentage Bonus shall be paid in accordance with Clauses 6.1 to 6.2.


6.3 Percentage Bonus: for Purchases made from Members at Loyalty Merchants, who are recommended, registered and directly first activated with his Loyalty Merchants “ID” (who is the first business to activate the Member Mobile application) and which are registered in the MundaWEB Loyalty Program.


The first activating Loyalty Merchant shall, in each case, receive up to 10 % of the Discount amount give to the Member as a Percentage Bonus whenever their activated Member makes a purchase at any of the MundaWEB Loyalty Merchants, participating worldwide at the MundaWEB Loyalty Program. Payments of Percentage Bonus shall take place pursuant to Clauses 6.1 to 6.2


6.4. Loyalty Merchants Discounts granted in each case can be accessed in the Loyalty Merchant’s detail view at www.mundaweb.com . The Loyalty Merchants is recommended to regularly inform him or herself at the MundaWEB website concerning the status of the respective conditions offered for the Loyalty Merchants.


6.5 The crediting of the Loyalty Merchants Percentage Bonus takes place only when Purchases made by the Member have been paid for in full and that no further legal rights exist to reverse the Purchase.


6.6 MundaWEB shall transfer the amount of Percentage Bonuses on a monthly basis to the Loyalty Merchants pay pal/bank account stipulated by the Loyalty Merchant when these amount to at least Euro 100,00 or equivalent currency.

All the transfer fees are to be paid by the Loyalty Merchant. The Loyalty Merchants undertakes that all dues, fees, taxes etc. which arise for the Loyalty Merchants through the receipt of Loyalty Merchants Recommender Percentage Bonuses will be borne by himself.


6.7 If the Member make Purchases from Loyalty Merchants abroad (at stores or online), it can transpire that the Discount is shown, to begin with, in the disbursement account in the respective foreign currency. When the Purchase is confirmed by the Loyalty Merchant, the amount shall be automatically converted in the Loyalty Merchants Recommender Area of the respective Loyalty Merchants Recommender into the home currency for the Loyalty Merchants Recommender (the currency in the country/jurisdiction in which the  Loyalty Merchants Recommender  is registered) in accordance with the respective European Central Bank reference rate prevailing on the day on which the  Loyalty Merchants Recommender received the payment. Clause 5.3 remains unaffected, i.e. an entitlement to Loyalty Merchants Percentage Bonus shall exist only in relation to international purchases via channels (such as for example via Online Shops) which are listed on the MundaWEB website. 6.2 Percentage Bonus: for Purchases by Loyalty Merchants which are registered by the Agent/Recommender in the MundaWEB Loyalty Program the Agent/Recommender shall receive up to 5 % of the discount amount agreed with the Loyalty Merchant and MundaWEB. The Percentage Bonus rate of the respective Loyalty Merchant shown on www.mundaweb.com (Login area) at the time of the making of the Purchase shall be applicable to the Purchase. Percentage Bonus shall be paid in accordance with Clauses 6.1 to 6.2


6.8 Percentage Bonus: for Purchases made by Loyalty Merchants who were directly recommended by the Loyalty Merchants/Recommender (who registered with MundaWEB) which are registered in the MundaWEB Loyalty Program, the Loyalty Merchants/Recommender shall, in each case, receive up to 5 % of the Discount amount from MundaWEB as a Percentage Bonus. Payments of Percentage Bonus shall take place pursuant to Clauses 6.1 to 6.2


6.9 The Loyalty Merchants/Recommender Discounts granted in each case can be accessed in the Loyalty Merchant’s detail view at www.mundaweb.com . The Loyality Merchants/ Recommender is recommended to regularly inform him or herself at the MundaWEB website concerning the status of the respective conditions offered by the Loyalty Merchants.


6.10 The crediting of Loyalty Merchants/Recommender of Percentage Bonus takes place only when Purchases made by the Loyalty Merchant have been paid for in full and that no further legal rights exist to reverse the Purchase.


6.11 MundaWEB shall transfer the amount of Percentage Bonuses on a monthly basis to the Loyalty Merchants/Recommenders pay pal/bank account stipulated by the Loyalty Merchants/Recommender when these amount to at least Euro 100,00 or equivalent currency.


6.12. All the transfer fees are to be paid by the Loyalty Merchants/Recommender. The Loyalty Merchants/Recommender undertakes that all dues, fees, taxes etc. which arise for the Loyalty Merchants/ Recommender through the receipt of Agent/ Recommender Percentage Bonuses will be borne by himself.


7. Personal Loyalty Merchants/ Recommender Area


7.1 MundaWEB shall provide each Loyalty Merchants/Recommender with a Personal Loyalty Merchants/Recommender I.D Area at www.mundaweb.com (Login area), where, after entering his username and password, he can, at any time, view the Percentage Bonuses he has made, as well as information concerning Discounts from the MundaWEB Loyalty Program. MundaWEB shall only assume liability for any non-accessibility of the MundaWEB websites and the Login area at www.mundaweb.com pursuant to Clause 10


7.2 The Loyalty Merchants/Recommender must securely store access data for the use of the Personal Loyalty Merchants/Recommender Area (I.D, user name, password and PIN) and treat them as strictly confidential. Username and password may not under any circumstances be rendered accessible to third parties. Personal settings can be changed by the Loyalty Merchants/Recommender at any time at www.mundaweb.com (Login area).


7.3 The Loyalty Merchants/Recommender undertakes to immediately notify MundaWEB of every improper use of his online access data or the Online Office. Following the immediate blocking of his access, replacement access data shall in turn be subsequently delivered to the Loyalty Merchant/Recommender by SMS, E-Mail or by post. MundaWEB shall only be liable for the damages suffered by the Loyalty Merchant/Recommender through the said improper use pursuant to Clause 10


7.4 MundaWEB shall, as the responsible party under data protection legislation, collect, store and process Loyalty Merchant/Recommender data, insofar as this is necessary in order to operate the MundaWEB Loyalty Program, in other words to calculate Percentage Bonuses. MundaWEB shall, within the framework of the calculation of the Percentage Bonuses, place the purchase volumes of the Loyalty Merchant recommended by him at the disposal. Recommending Loyalty Merchants shall, in this context, be identified by name. Additionally their telephone number and email address will be disclosed to the Recommender. MundaWEB shall also use the data of the Loyalty Merchant/Recommender to provide personalized information about offers and products from MundaWEB and MundaWEB Loyalty Merchants.


8. All inquiries regarding information, amendment and deletion of data can be submitted directly to MundaWEB.


8.1 Further data protection legislation provisions relevant for the use of the MundaWEB website can be found in the data protection statement at www.mundaweb.com.


8.2 MundaWEB deploys internationally-recognized security technologies in order to protect the data of its Loyalty Merchant against unauthorized access. MundaWEB shall only be liable for the security of data that is transmitted via the internet pursuant to Clause 10


8.3 Consent under data protection legislation: The Loyalty Merchant/Recommender hereby agrees – revocable at any time –, that MundaWEB can collect personal data concerning his purchasing behavior (interests and preferences etc.) within the framework of participation in the MundaWEB Loyalty Program und use this information for the design of personalized information, as well as for postal or personal contact for the advertisement of the MundaWEB Loyalty Program and Loyalty Merchant offers.


8.4 The Loyalty Merchant/Recommender can revoke his hereby issued consent with effect for the future at any time in writing or via E-Mail service-center@mundaweb.com . A written withdrawal should be submitted to:

 MUNDAWEB GLOBAL. CO LIMITED  (a company incorporated under the laws HONG KONG/ CHINA with registration number 2548266 principal office address: UNIT 1204, 12/F., NAM WO HONG BUILDING 148 WING LOK STREET HONG KONG (“MundaWEB” Global Limited .),


9. Service disruptions


9.1 The scope of services offered by MundaWEB is restricted to the operation of the MundaWEB Loyalty Program as described in these GTCs.


9.2 The rights and obligations related to the Purchases of any goods and services made by Members from Loyalty Merchants shall apply solely to the Loyalty Merchants. MundaWEB is not liable whatsoever for any service obligations, acts, omissions, misrepresentations, or violations of any applicable consumer protection legislations by the Loyalty Merchant in relation to the Loyalty Merchant’s sale of goods and services to the Loyalty Merchant/ Recommender.


10. Liability


10.1 MundaWEB shall be liable without limitation for damages from injures to life, body, to health due to intentional or negligent dereliction of duty by MundaWEB.


10.2 For damages other than those described in Clause 14.1 above, MundaWEB shall only be liable if such damages result from MundaWEB gross negligence in breach of these GTCs where such breach is to the root of the contract between MundaWEB and the Loyalty Merchant/Recommender.

10.3 Subject to the following Clause 10.5 to the maximum extent permitted by law, MundaWEB is not liable for damages as a result of:


10.3.1 disruptions to the availability of the Loyalty Merchant/Recommender's access to the internet,


10.3.2 other technical and electronic errors (i) during a data communication via the internet as well as (ii) when using the MundaWEB internet portal, the MundaWEB SMS service and MundaWEB applications for mobile terminals, provided that these errors are beyond MundaWEB’ control and are not caused by MundaWEB,


10.3.3 technical and electronic errors for which MundaWEB is not responsible, which prevent the recording of Purchases made within the MundaWEB Loyalty Program (in particular any tracking failures and consequent data loss);


10.3.4 the non-availability of the mobile phone network or terminals and


10.3.5 the malfunction of the Loyalty Merchant/ Recommender's mobile terminal.


10.4 Insofar as the liability of MundaWEB is limited or excluded, such limitation or exclusion shall also be applicable to its parents, subsidiaries, affiliates, Loyalty Merchants, the personal liability of their employees, their legal representatives and subcontractors.


10.5 The crediting of Loyalty Merchant/ Recommender of Percentage Bonus takes place only when Purchases made by the Loyalty Merchant have been paid for in full and that no further legal rights exist to reverse the Purchase.


10.6 Nothing in these GTCs shall exclude any mandatory implied terms stipulated by any applicable legislations.


11. Costs


11.1 Registration with and participation in the MundaWEB Loyalty Program is free of charge.


11.2 The MundaWEB Mobile Application, is free of charge as part of Membership registration.


12. Termination of Agreement by the Loyalty Merchant/ Recommender


12.1 The Loyalty Merchant/ Recommender is entitled to terminate this Agreement (ie. Terminating his Loyalty Merchant-ship) with MundaWEB at any time. The Loyalty Merchant/ Recommender is under no obligation to make any Purchases or to recommend any Loyalty Merchant at any time.


13. Termination of Agreement by MundaWEB


13.1 MundaWEB may terminate the Agreement with a Loyalty Merchant/ Recommender by giving written notice, or in accordance with Clause 13.2 below.


13.2 MundaWEB may also terminate the Agreement with a Loyalty Merchant/Recommender with immediate effect in the following circumstances:


13.2.1 When the Loyalty Merchant/Recommender does anything which causes or may cause, in the absolute but reasonable view of MundaWEB, significant damage to the commercial interests or reputation of MundaWEB or the Loyalty Merchants.


13.2.2 When the Loyalty Merchant/Recommender is in breach of Clause 2.4, 2.5, 3.3, or 3.4 of these GTCs, or


13.2.3 When the Loyalty Merchant/Recommender is in material breach of any other terms under these GTCs or any other contractual terms or provisions or rules by which the Loyalty Merchant/Recommender is bound by virtue of his Loyalty Merchantship with MundaWEB.


13.3 Notwithstanding termination of Agreement by MundaWEB under Clause 13.2 above, the Loyalty Merchant/Recommender shall indemnify MundaWEB for all loss and damages suffered by MundaWEB as a result of the Loyalty Merchant/Recommender’s acts or breaches of these GTCs including all costs of attorneys, solicitors, barristers, court fees or any associated legal costs and disbursements.


14. General provisions


14.1 The Loyalty Merchant/Recommender may only assign receivables to which he is entitled from MundaWEB (or all rights resulting from participation in the MundaWEB Loyalty Program) or to use the same as collateral/security upon prior written consent by MundaWEB.


14.2 Participation in the MundaWEB Loyalty Program constitutes merely a contractual relationship and therefore does not establish any relationship between the Loyalty Merchant/Recommender and MundaWEB (including its parents, subsidiaries and affiliates) under any company/corporate/society legislations, including of any clubs/societies/associations in the sense of being a shareholder/stockholder of MundaWEB, its parents, subsidiaries and affiliates.


14.3 MundaWEB may from time to time negotiate and reach agreements with Loyalty Merchant which differ from any of the terms in these GTCs. These individual agreements shall, in any event, prevail over these GTCs. A written contract and/or a written confirmation from MundaWEB shall be evidence of such individual agreements. Any agreements purported to have been made orally between MundaWEB and the Loyalty Merchant/Recommender shall not be valid. MundaWEB is also entitled to send the Loyalty Merchant/Recommender contractual declarations and information that is required for the execution of these GTCs or any other individual agreements, by SMS or by E-Mail, provided that the Loyalty Merchant/Recommender does not object to such method of communication.


14.4 These GTCs, together with any additional terms and conditions, guidelines, “Do’s and Dont’s”, or rules published on the MundaWEB website or otherwise notified in written (on paper or electronically) by MundaWEB which do not explicitly contradict any terms of these GTCs (if any contradiction, these GTCs shall prevail) and the Annex thereto shall constitute the entire Agreement between MundaWEB and the Loyalty Merchant/Recommender and supersedes any previous agreements, written or oral, between the Parties. The Loyalty Merchant/Recommender hereby declares that he/she is entering into this Agreement voluntarily and has not acted in reliance of any representations of MundaWEB or any other persons.


14.5 Amendments to these GTCs and other contractual agreements between the Loyalty Merchant/Recommender and MundaWEB, communicated to the Loyalty Merchant/Recommender in written (on paper or electronically), shall be deemed to have been accepted by the Loyalty Merchant/Recommender if the Loyalty Merchant/Recommender does not object within 30 days following receipt of the amendment notification, and that the Loyalty Merchant/ Recommender has been told of this rule of deemed acceptance.


14.6 Reference to a particular gender in these GTCs includes reference to all genders as well as legal entities/persons.


14.7 Should any provisions of this Agreement be wholly or partly declared ineffective or void by a court of competent jurisdiction, such provision(s) shall be severed from this Agreement and the remaining provisions shall remain effective and binding upon both Parties.


14.8 The Agreement, including these GTCs, is subject to and is construed in accordance with the laws of Hong Kong. Both Parties hereby submit themselves to the non-exclusive jurisdiction of the Courts of Hong Kong / Republic of China. Application of the United Nations Convention on Contracts for the International Sales of Goods is excluded.


14.9 Registration for and participation in the MundaWEB Loyalty Program is limited to persons aged 18 or above.


14.10 The Loyalty Merchant/Recommender undertakes to bear himself all charges, fees, taxes etc. which arise for the Loyalty Merchant/Recommender through the receipt of Loyalty Merchants  Percentage Bonuses


14.11 These GTCs and all its Annex, any additional terms and conditions, guidelines and rules which constitute the Agreement are written in English. In case of discrepancies, the English version shall prevail.


14.12 The Loyalty Merchant/Recommender undertakes that all dues, fees, taxes etc. which arise for the Loyalty Merchant/ Recommender through the receipt of Loyalty Merchant/Recommender benefits will be borne by himself.


Annex


In these GTCs unless the context otherwise requires:

1. a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;

2. the singular includes the plural and vice versa;

3. a reference to any gender includes all genders;

4. a reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure or exhibit of or to these GTCs;

5. a recital, schedule, annexure of description of the Parties forms part of these GTCs;

6. a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions), as amended, novated, supplemented or replaced from time to time;

7. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;

8. In these GTCs headings are for convenience of reference only and do not affect interpretation; and

9. Words and expressions used in the GTCs have the following meaning:

"Loyalty Merchant/Recommender" is who directly recommended another new Member and is listed as their Recommender.

"Percentage Bonus" is the Bonus described in more detail under Clause 8.1.1

Mobile "Application" serves to record Members Purchases from Loyalty Merchants in the MundaWEB Loyalty Program.

"Discount" is a bonus described in detail under Clause 8.1.3, which the Member shall receive for Purchases made in the MundaWEB Loyalty Program.

"MundaWEB Loyalty Program" is the purchasing association developed by MundaWEB, within the framework of which, Members receive Discounts which are divided and support charities when Members purchase goods and services from Loyalty Merchants

"Loyalty Merchants" are all persons, who have entered into contractual relationship with MundaWEB in accordance with these GTCs and such contractual relationship has not been terminated.

"Loyalty Merchanthip ID" or "Loyalty Merchant/Recommender ID" is a unique number which is allocated by MundaWEB and which serves to identify the Loyalty Merchant/Recommender and for the recording of Purchases made from Loyalty Merchants.

"Loyalty Merchant/Recommender Discounts" are all Discounts which the Loyalty Merchant/Recommender receives or, when appropriate, can receive through the making of Purchases from Loyalty Merchants in the MundaWEB Loyalty Program. Loyalty Merchant/Recommender Discounts consist of Cashback

"Personal Loyalty Merchant/Recommender Area" is a log-in area of the respective Loyalty Merchant/Recommender on the MundaWEB website that is described in detail under Clause 10

"Online Shops" are online traders which are in a contractual relationship with MundaWEB and from which Members can receive Discounts through the Purchase of goods and services from them, subject to the preconditions described under Clause 5, and Discount for Purchases made by the Loyalty Merchant/Recommender’s in the MundaWEB Loyalty Program. "Open Registration" means registration as a MundaWEB member without a Recommender in accordance with Clause 2.3 of these GTCs.

"Loyalty Merchants" are companies which are in a contractual relationship with MundaWEB and from which members can receive Discounts through the purchase of goods and services from them in the MundaWEB Loyalty Program.