Terms of Use
1. Validity of These Terms of Use
The following terms of use exclusively apply to the use and functions of MegaCash (the "App"). By downloading and, in particular, using MegaCash, the user agrees to these Terms of Use.
MegaCash is entitled, if necessary, to amend or supplement these terms of use for the future. Should this occur, the user will be informed in writing about the changes or additions made. The notification will inform the user about their right to object and possible consequences of failing to meet the deadline. The changes or additions will be deemed approved if the user does not object to them in writing or by email to [email protected] within six weeks of receiving the notification (the deadline). In the event that the user objects to the amended terms of use, we reserve the right to delete the corresponding user account.
Deviating, conflicting, or supplementary general terms and conditions will not become part of the contract, even if known, unless we have expressly agreed to their validity in writing.
The payout of credits in gift cards is only possible after reaching the "purchase amount" in the App ("MegaCash"). The delivery of the gift card code can take up to 4 weeks. Time deviations are possible depending on workload.
MegaCash reserves the right to discontinue the sending of GiftCards and thus the entire App service without prior notice, for example, for economic reasons.
2. Registration, Prerequisites for Use
To use the App, registration of your user account (the "Account") is required. During registration, the user must provide an email address and a password. Providing a third-party email address is not permitted. The user is obliged to keep this password secret and not to disclose it to third parties. We will not pass on the password to third parties and will not ask the user for the password at any time.
Only natural persons who are at least 16 years old are permitted to register for a user account.
If the user becomes aware of unauthorized use of their password, the App, or their user account, they must immediately change their password via the MegaCash App. MegaCash assumes no liability for losses or damages resulting from the user's failure to comply with this obligation, or from not complying in a timely manner.
The user undertakes to comply with these terms of use. We reserve the right, in the event of user violations, to impose "penalties" in the form of a credit deduction or to irrevocably delete the user account without prior notice to the user. The user will subsequently be informed about this via email.
Violations would include sharing their user account with third parties, granting sub-licenses to third parties for the use of the MegaCash app, circumventing the app's security measures, reverse engineering the app, decompiling it and creating derivative works, and carrying out any manipulations of the app to obtain credits, vouchers, or other benefits.
MegaCash is entitled to delete the user account after three months of user inactivity without prior notice or informing the user.
Furthermore, each natural person may only have one user account with MegaCash. The creation of multiple accounts can lead to the blocking of all accounts belonging to that person.
In the event of any deletion, regardless of the reason, the user immediately loses all claims to lost credits, as well as pending payouts.
3. Collecting and Redeeming Credits
A user account is required to collect credits.
The user can collect credits by watching advertisements (commercials). By playing the advertisements, the user agrees to the terms of use and data protection policies of the respective advertising partners. More information on third-party services can be found at https://megacash.me/privacy.
The user can purchase special features, such as the Time-Booster for a specified period, with their credits.
Only users with a user account and the required number of credits for redemption can redeem credits for rewards, special functions, or similar, or have the credits paid out in the form of vouchers.
The redemption of credits by MegaCash is limited to the exchange of points for the reward selected by the user. When cashing out credits for a voucher, MegaCash's service is limited to providing the user with a claim to conclude a contract with the respective issuer of the voucher or the person indicated as the provider of the services for the respective voucher, under the conditions specified in the respective voucher. The voucher issuer alone is responsible for the execution of this contract, including any warranty claims. MegaCash does not guarantee the performance or creditworthiness of the respective voucher issuer and does not owe the services specified in the voucher. These services are owed exclusively by the voucher issuer.
When redeeming credits in the App, the user has the following right of withdrawal. Insofar as the term "contract" is used in the following section "Right of Withdrawal," it refers to the contract that the user concludes with MegaCash for redeeming points for a reward, but not to these terms of use.
4. Right of Withdrawal
The user has the right to withdraw from this contract within fourteen days from the day of the conclusion of the contract (ordering the payout or reward) without giving any reason. To exercise the right of withdrawal, the user simply needs to send an informal notification to [email protected] with a clear statement of their decision to withdraw from the contract. For the quickest possible processing of the withdrawal, the user should specify the reward (e.g., the voucher) and the respective recipient email address.
To meet the withdrawal deadline, it is sufficient for you to send your notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Upon withdrawal from a contract, all points we received from the user for the payout or reward will be refunded free of charge, including processing fees (excluding higher processing fees for faster shipping of the payout or reward, which is not the cheapest processing fee offered by us). The refund will be made in the form of credits to the user's MegaCash account, unless expressly agreed otherwise with the user.
If the user has already received the payout or the reward, they must return the payout or reward within 14 days after sending the withdrawal notice. The user bears the costs for the return. Vouchers that have already been redeemed cannot be refunded. We may refuse the refund until we have received the payout or reward.
5. Indemnification
The user already indemnifies us from all claims by third parties arising from unauthorized use by them and/or asserted by third parties due to or in connection with information entered by them due to a legal violation. This also applies to reasonable court and attorney fees.
6. Liability
Claims for damages by the user are excluded. This does not apply to claims for damages by the user arising from injury to life, limb, health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by MegaCash, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, MegaCash is only liable for the typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, limb, or health. The limitations of paragraphs 1 and 2 also apply in favor of MegaCash's legal representatives and vicarious agents if claims are asserted directly against them. The provisions of the Product Liability Act remain unaffected.
7. Commercial Use of the Service
Insofar as the user is entitled to commercial use of MegaCash's offers, the user may not copy, reproduce, imitate, sell, resell, or use the services or parts thereof, their use, or access to the services for commercial purposes of any kind, unless expressly permitted by MegaCash.
8. Data Protection
MegaCash uses personal data (email address, password, credit balance, and information on the use of the App). MegaCash also uses third-party services. More detailed information can be found in the privacy policy at https://megacash.me/privacy.
9. Legal Recourse
Legal recourse is excluded.
10. Final Provision
Should a provision of these terms of use be or become invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected thereby.
These terms of use are subject to the law of the Federal Republic of Germany, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).
As of: 10.05.2019