For Businesses

Terms of use mobile-pocket App

September 04th 2019

1. Validity

1.1. The „mobile-pocket“ application is operated by bluesource – mobile solutions GmbH, Softwarepark 32, 4232 Hagenberg i.M., Austria (hereafter: „bluesource“).

1.2. With the installation and the use of the application „mobile-pocket“, the user consents to these terms of use as currently applicable, which constitute the legal basis for the use of mobile-pocket. 

1.3. With the installation of the application the contract of use between bluesource – mobile solutions GmbH and the user shall become effective. This legal relationship is constituted for an indefinite period of time and can be terminated without giving reasons with two weeks´ notice.

1.4. bluesource is entitled to terminate the legal relationship with immediate effect for cause if the user violates these terms of use or applicable law.

2. Use of the mobile-pocket application

2.1. The mobile-pocket application offers users the possibility to store customer cards (loyalty cards) or other cards on mobile devices and display and use these as digital identification. Users can moreover use the application to inquire about current offers by customer card carriers and other promotions of partner companies, as well as apply for digital customer cards.

2.2. Users can access the application by installing it on their device. After consenting to the privacy statement, an anonymous user account linked to the mobile device is created in the background. The user can then store customer cards or other cards usually just by entering a customer card´s number, by photographing or scanning the barcode or a predesigned template and then use these in their digital form. The user can subsequently create an account to his mobile-pocket account using either his e-mail address and password or Facebook/Google+ login. This way the user will, in the event of loss or replacement of his mobile phone and after reinstalling the application and entry of login details, have access to his user account and will be able to use his stored customer cards at any time. The registration of a user account is in principle not mandatory and done on a voluntary basis. bluesource reserves the right to reject users due to incomplete or misleading details used for the registration as well as for other reasons at its sole discretion.

2.3. bluesource offers end users the mobile-pocket application completely free of charge. It is however possible that network carriers levy charges for data transfer in connection with the use of mobile-pocket. These costs must be borne by the user.

2.4. bluesource grants users the limited, non-transferable and non-sublicensable right for the duration of this legal relationship to use the application in its current version including updates and other components in accordance with these terms of service.

2.5. The user is not allowed to modify, copy, disassemble, reassemble, publish or recreate („reverse engineer“) mobile-pocket. The user is allowed to use mobile-pocket only for his own purposes and may not make the application available to third parties. The use of mobile-pocket for commercial purposes is prohibited.

3. Conditions for the use of the mobile-pocket application

3.1. The use of the mobile-pocket application is allowed for users who are at least 16 years old. By agreeing to these terms, the user states that he is at least 16 years old.

3.2. The user is not allowed to provide incorrect information about his person during the registration. 

3.3. The user is also not allowed to provide incorrect information about his person or about other circumstances while using customer loyalty programs, promotions etc. offered by bluesource on behalf of third parties or by third parties themselves.

3.4. Retailers and other companies that want to deliver offers and/or advertisements through the app or use additional services must sign a separate contract / separate terms of use. These terms of use as such apply exclusively for private users.

4. Liability

4.1. bluesource assumes no liability for any type of damage whatsoever (material or immaterial damages and lost profits) caused by the use or non-use of information provided or by the reliance on incorrect and incomplete information, insofar as no willful intent or gross negligence on the part of bluesource can be demonstrated.

4.2. All mobile-pocket offers are without obligation and non-binding. mobile-pocket is made available „as is, with all its faults“. bluesource does neither provide any warranty with regard to the suitability of the application for certain purposes, nor does it guarantee that the application meets certain requirements or expectations of the user.

4.3. bluesource especially does not warrant that the services provided shall remain available to users permanently and that users can permanently access stored cards.

4.4. bluesource assumes no responsibility for linked content and external offers as defined in section 5 of these terms of use. Except where mandatory under applicable law, liability for such content is excluded.

4.5. mobile-pocket assumes no liability for the unauthorized duplication or use of coupons, offers or content in general or for graphics, texts, brands and trademarks that are protected by third-party rights.

4.6. The aforementioned limitation of liability does not apply to damage arising from loss of life, personal injury or health injury as well as in cases where such liability cannot be limited pursuant to mandatory applicable law.

4.7. Users shall hold bluesource harmless and indemnify it with regard to third-party claims resulting from a use of the mobile-pocket application that is unlawful or in violation of these terms of use.

4.8. An unlawful use pursuant to section 4.7 is constituted in particular by a user´s registration of customer cards under a false name, thereby fraudulently obtaining advantages from the respective card carrier. In this event it is exclusively the user who shall be held liable vis-à-vis the card carrier. In the event that bluesource incurs damage by such behavior of a user, the user shall fully indemnify bluesource and hold it harmless.

5. Offers, advertisements & links of third parties

5.1. The application contains offers of third parties (links to offers / websites), that are not in the sphere of influence of bluesource. bluesource has no control over these offers / websites, is not responsible for their contents or for any information on these offers / websites and can neither assume any liability for these nor can it be considered as a representative, agent or operator of these offers / websites.

5.2. bluesource offers card carriers and third parties the possibility to deliver advertisements through the application. By registering with mobile-pocket, the user expressly agrees that advertisements – potentially including personalized contents – may be sent to him. bluesource expressly states that any responsibility for the delivered advertisements (concerning both content and type of delivery) lies exclusively with the advertising companies and that bluesource assumes no responsibility and liability in this regard.

5.3. bluesource as such bears no responsibility for whether the user can make use of offers displayed in the app, whether third parties grant him rebates or whether he actually receives other advantages from third parties (especially in connection with customer loyalty programs). bluesource moreover expressly is not responsible for data of users that users have, through the app, disclosed or given to others.

6. Scope and amendments

6.1. These terms of use apply for all private users of the app. In their currently applicable version, they govern the relationship between bluesource and the registering or anonymous user. These terms of use apply for all contents, functions and other services made available to users in connection with mobile-pocket. If users do not consent to these terms of use, they are not permitted to use mobile-pocket and must cease their use immediately. In order to use certain services of mobile-pocket in their full extent, it may be possible that software or contents must be downloaded and/or that additional terms of use (hereafter additional terms) must be agreed to. In this event reference will expressly be made in a timely manner to such additional terms. The use of certain services – especially those that require a separate consent to additional terms – may be limited to certain users and/or groups of users.

6.2. bluesource retains the right to adapt and amend both the application and these terms in relation with new developments in legislation, case-law, technology, our service and/or due to other reasons. If as a result of amendments and/or deviations the interests of users could be adversely affected, such changes will be announced to the users. The further use from the point of that announcement on shall then be governed by the new/amended terms of use. If a user does not consent to amendment, the user must cease his use without delay and object to the new terms of use within two weeks. In this event, bluesource retains the right to end the usage relationship with the user following a two-week notice period. If mobile-pocket continues to be used two weeks after publication of any amendments, this shall be deemed implicit approval of the new, amended terms of use.

6.3. In the event that one or more provisions of these terms of use are invalid, the validity of the remaining provisions of these terms of use shall not be affected. The invalid provision shall then be replaced by a relevant statutory rule.

6.4. Except where mandatory law prescribes otherwise, these terms of use are subject to Austrian law with the exclusion of the UN Convention for the International Sales of Goods (CISG). All legal legal relationships between the parties resulting from the use of mobile-pocket shall be governed by Austrian law. Place of service, place of performance and legal venue shall be the registered office of bluesource.