Terms & Conditions KUARIO
These Terms & Conditions apply to the use of KUARIO’s mobile application and online platform (hereinafter both referred to as “App”). The App is offered by KUARIO BV, Lichtfabriekplein 1, 2031 TE Haarlem, (hereinafter also referred to as KUARIO, we, us or our),
If you have any questions about the use of the App, our services or these Terms & Conditions, please contact KUARIO at [info@KUARIO.com].
Article 1 General and definitions
1.1 In these Terms & Conditions, the terms and expressions below shall have the following meanings, both singular and plural:
Acceptor: organization, company, institution and/or (internet) store where the User can pay for the goods or services to be purchased with the Wallet;
App: mobile application software called KUARIO, including all upgrades and updates;
Online Platform: the online platform offered on Website and/or the App;
User Account: a protected account in the Online Platform, which allows User to use the Services;
Services: the services offered by KUARIO through the Online Platform, including but not limited to services related to the Wallet, cashless payments, the use of locker systems, multifunction printers and the use of other self-service devices;
User/you/you: the natural person who gives with that with KUARIO an agreement for the use of the Online Platform;
Merchant: company, organization or institution for whose products or services the User may use the Services;
Agreement: the agreement between KUARIO and User for the use of the Online Platform and Services;
RFID Pass: a card with an RFID chip linked to your User Account;
Credit: the amount (in euros) of electronic money available in the User’s Wallet;
Terms & Conditions: these Terms & Conditions applicable to the use of the Online Platform and the Services;
Wallet: a digital wallet that allows User to make payments for a limited range of products and services from selected Merchants;
Website: the website www.KUARIO.com
1.2 These Terms & Conditions apply to the Agreement. The Agreement comes into effect when you download the App or create a User Account on the Website.
Article 2 Services and your use thereof
2.1 Through the App and the Website, KUARIO offers its Users the possibility to purchase and use services and products from Merchants, for example through cashless payments, locker management and the use of multifunctional printers and/or other self-service devices of the Merchant(s). KUARIO may modify, expand and/or limit the (use of the) Online Platform and Services at any time.
2.2 KUARIO will use its best efforts to perform the Services and the Online Platform with care. However, KUARIO provides the Services and the Online Platform on an “as is” basis, excluding any warranties or representations of any kind, to the fullest extent permitted by applicable law. Specifically, KUARIO does not warrant that the Services, the Online Platform and/or your User Account will operate uninterrupted, will be free of viruses and other errors and/or defects and that any defects will be corrected, nor that third parties will not unlawfully use the Services, the Online Platform and/or your User Account.
2.3 KUARIO makes reasonable efforts to secure its systems against loss and/or any form of unlawful use and implements appropriate technical and organizational measures for this purpose, taking into account, inter alia, the state of the art
2.4 The operation of the Services, the Online Platform and/or your User Account is also dependent on external factors and circumstances, including the hardware used by you, the settings in your hardware, the online connection (a.k.a. Wi-Fi or mobile network), the computer or telecommunication systems or hardware of the Merchants etc. These factors and circumstances are expressly not the responsibility of KUARIO.
2.5 KUARIO is entitled to take (access to) the Online Platform or the Services out of use (temporarily) or to restrict them, for example if this is necessary for the maintenance or modification thereof, without this giving rise to any right to compensation
2.6 You warrant that you are authorized to use the Services and that your use does not violate any applicable laws and regulations, the Agreement (including these Terms & Conditions), any guidelines or usage instructions disclosed by KUARIO, and does not infringe any third party (intellectual property) rights or otherwise be unlawful. More specifically, it is not permitted to:
– gain access to user accounts, wallets, credits and/or data of other users;
– Signing up with a false identity, impersonating someone else and/or making false statements;
– interfere with, block and/or make access to the Services impossible in any way;
– breach the security of the Online Platform or other parts of the Services or detect and disclose security vulnerabilities;
– circumvent or remove technical safeguards or usage restrictions in the Service (including the Online Platform);
– Use the Service for:
* the purchase of products or services the purchase or possession of which is punishable or otherwise in violation of applicable laws and regulations;
* transactions in violation of laws and/or regulations or there is a well-founded fear or reasonable suspicion thereof;
* for products, services or activities that infringe (intellectual property) rights of third parties or are reasonably suspected to infringe (intellectual property) rights of third parties
* fraudulent acts or for other unlawful acts, including acts in violation of the Financial Supervision Act (Wft) and the Money Laundering and Terrorist Financing Act (Wwft).
Article 3 Use of the App
3.1 The App can be downloaded free of charge via the third-party mobile marketplaces announced on the Website, such as Apple’s App Store or Google Play Store. The download, installation and use of the App are also subject to the (download) conditions, restrictions and disclaimers of these marketplaces.
3.2 By downloading the App, you acquire a non-exclusive, non-transferable and revocable right to use the App exclusively for your own use, on your chosen hardware, for the Services.
3.3 KUARIO may offer free updates and upgrades for the App through the mobile marketplaces. You will receive a message for this via the hardware on which the App has been downloaded. KUARIO advises you to download these updates and/or upgrades as soon as possible. Failure to download the updates or upgrades may result in the App no longer meeting market-compliant security measures or in certain functionalities being limited.
Article 4 User Account
4.1 In order to use the Services you need to create a User Account in the Online Platform. To do so, you must fill in the required (personal) data (including your email address).
Login to your User Account using your email address and a self-selected password. We recommend changing the password every three (3) months.
4.2 You warrant that all information entered by you in the User Account is complete, accurate and current and that you will use the User Account solely for yourself. You may not transfer your User Account to others.
4.3 KUARIO is at all times entitled to request (additional) information or personal data, for example to identify you. If you do not provide this information (on time), KUARIO is entitled to (temporarily) block your User Account and thus access to the Services.
4.4 If you are under the age of 16, you must have the permission of your parent, guardian or other legal representative to use the Services. By creating a User Account, you represent that you are 16 years of age or older or have permission from your parent, guardian or legal representative.
4.5 You must keep the login details of your User Account confidential. You are responsible and liable for all use made of the Service through your User Account by anyone.
4.6 In case of loss or theft of your login details or of the hardware on which the App was downloaded, you must immediately notify KUARIO and change your login details. KUARIO is in this case entitled to block (access to) your User Account and/or otherwise block access to or use of the Service.
4.7 KUARIO offers you the ability to link an RFID Pass to your User Account.[
4.8 Through your User Account you have access to your Wallet, your uploaded files and print orders, linked Merchants and RFID Cards, among other things. In your User Account you can also request a monthly statement.
Article 5 Use of the Wallet and Credit
5.1 In your User Account you can create a Wallet and purchase Credit. The Credit is made available in the Wallet.
5.2 You are aware and agree that the Wallet has limited uses. The Wallet can only be used for contactless payments for the purchase of a limited range of products or services within buildings/organization of the Merchant or within a defined network of Merchants (e.g. printing service providers). Your Wallet will indicate at which Merchant or at which defined network of Merchants you can use the Wallet.
5.3 The maximum Credit that can be linked to a Wallet is EUR 150 (one hundred and fifty euros). KUARIO is entitled to adjust this maximum amount. KUARIO does not pay interest on the Credit in the Wallet.
5.4 If you have linked your User Account to an RFID Card, you can use the Credit on this linked RFID Card. You can use the RFID Card to make contactless payments at a Merchant that has a payment terminal equipped with RFID technology.
5.5 The use of the Wallet and the RFID Pass is at your own expense and risk. KUARIO shall not be liable for any unauthorized use, loss or theft of the Wallet and/or the RFID Pass attached thereto. Unauthorized access to or loss or theft of the Wallet or the RFID Pass may result in the loss of the Credit.
5.6 In case of suspected fraud or abuse, KUARIO and/or the Merchants are entitled to refuse and invalidate the Wallet or the FRID Pass as a means of payment. In this case, KUARIO may restrict access to and use of the Service.
5.7 During the term of the Agreement and for a period of 2 (two) years after the end of the Agreement, you are entitled to have the Credit refunded. This only applies to the Credit originally deposited by you on your Wallet and therefore expressly not to the amounts credited to your Wallet by third parties (e.g. by a Merchant as part of its services). If you wish to make use of this option, you must submit a refund request in your User Account or send KUARIO a written request. If you are entitled to a refund of the Credit, the refund will be made to the bank account with which you originally paid the Credit. Refund of a portion of the Credit is not possible. Your right to a refund of your Credit will automatically expire after the expiration of the period of 2 (two) years from the end of the Agreement.
Article 6 Payment with the Wallet and with a QR code
6.1 Each time you pay using the Wallet or RFID Card, the Credit is debited by the amount of the purchase. You may not spend more than the Credit. If the Credit is too low for the expenditure you must first make a new deposit.
6.2 You agree to pay for your selected products or services from the Merchant by presenting your Wallet or RFID Pass for payment at the Merchant’s payment terminal or, using the Wallet, scanning the QR code and entering the PIN or approving the payment with your mobile.
At some payment terminals it is not possible to enter a PIN and some Users choose not to use a PIN. In this case, the payment is approved by holding the Wallet or RFID Card at the Merchant’s payment terminal. The Merchant’s payment terminal will indicate whether the payment has been approved. After approval of the payment, the corresponding amount is debited from the Credit. Consent to the payment means that the corresponding amount is debited from the Credit. After approval, you cannot cancel the payment.
6.3 If the Credit is used for a payment in foreign currency, KUARIO is entitled to convert the amount in the foreign currency to euros based on the current exchange rate set by the ECB. The conversion of the foreign currency to Euros is made on the date the payment is processed with us. In addition to the above, KUARIO may charge an administration fee for the foreign currency conversion.
6.4 If you do not have a Wallet or your credit balance is insufficient, you can pay using the App by scanning a QR code provided by the Merchant. Naturally, this is only possible if the Merchant has such a QR code. After scanning the QR code a payment screen appears in the App with various payment methods with which you can make the payment (online).
6.5 KUARIO does not guarantee that you will be able to make payments using the App, the Wallet or the RFID Pass unhindered. The use of the App, the Wallet and the RFID Pass is partly dependent on external factors, such as the cooperation of the Merchant, the operation of the payment terminal and/or computer or telecommunication systems of KUARIO or the Merchant. A payment may be refused or delayed if:
– the Credit is insufficient
– the Credit is insufficient
– KUARIO suspect fraud, abuse or irregularities:
6.6 KUARIO shall never be liable if you are unexpectedly unable to use App, the Wallet or the RFID Pass in full or at all.
6.7 KUARIO cannot make any warranty regarding the Merchant’s products and services for which you use the App. It is expressly not a party to the contract between you and the Merchant and is not liable for any defects in the products or services or other shortcomings of the Merchant. If you have any complaints about the products or services purchased you should contact the Merchant.
6.8 Without prejudice to Article 6.6, you may submit any complaints about the products or services purchased to KUARIO via the Online Platform. KUARIO will give the Merchant the opportunity to respond to your complaint within fourteen (14) days. If the Merchant has not responded within this period, KUARIO may refund the purchase price.
Article 7 Charges for using the App
7.1 For some (parts of the) Services you owe an (administration) fee to KUARIO. The fee payable is a fixed fee per transaction (e.g. a payment with or refund of Credit).
7.2 The prices and fees payable are stated in the App and on the Website. All prices and fees are inclusive of VAT.
7.3 KUARIO is entitled to change its prices and fees. It will announce the amended prices and fees via the Online Platform at least one month before they take effect. If you continue to use the Services after the change, this assumes your acceptance of the changed prices and/or fees.
7.4 By using the Services, you accept that you owe KUARIO a fee. Payment of the fee is made by debiting the fee due from your Credit or through another payment method approved by KUARIO.
Article 8 Use of a PIN
8.1 You can associate your User Account, Wallet and RFID Pass with a PIN code. You can create this PIN in your User Account. KUARIO expressly recommends using this security method.
8.2 You must keep the PIN secret from everyone, including family members, roommates and our employees. This confidentiality also applies to other personal security codes related to the App or your hardware.
8.3 In case of loss or theft of your PIN code, you must immediately notify KUARIO and change your PIN code. KUARIO is in this case entitled to block the use of the App, Wallet or the FRID Pass, without any right to compensation.
Article 9 Sharing credit
9.1 In the App you can share your Credit with a number of Users selected by you. In your User Account you can indicate with which User you want to share your Credit and the amount.
9.2 The Credit shared with a User becomes visible in the Wallet of the relevant User and can be freely spent by this User with the Merchant(s) associated with the Credit. After you have shared a portion of your Credit with a User, the same amount of your Credit is reserved for this User. You are responsible for all payments made with your shared Credit, regardless of who makes the payment.
9.3 You can reclaim your shared Credit by canceling the sharing function. In that case you will regain full access to the shared Credit.
Article 10 Membership in loyalty programs/services of the Merchant
10.1 Merchants may invite Users to use a service provided by the Merchant. The service may include, for example, a loyalty program, the use of and access to certain facilities, services, discounts or vouchers.
10.2 The Merchant may attach specific conditions to the use of the service, for example in the area of sharing (personal) data and usage information from the App. We advise you to read the Merchant’s terms and conditions carefully before accepting an invitation.
10.3 By using the Merchant’s invitation, you accept the Merchant’s terms and conditions and agree to share certain (personal) data and information with the Merchant.
10.4 The Merchant is fully responsible and liable for the performance of the services it offers. If you have any questions regarding this service you should contact the relevant Merchant.
10.5 If the Merchant’s service consists of providing a voucher, this voucher can only be used with the relevant Merchant or the Merchants selected by him. KUARIO is under no obligation to disburse the voucher in cash.
Article 11 File uploading, management and printing
11.1 Through your User Account, you can upload, scan, manage or print files at your selected Merchant.
11.2 The files uploaded or scanned by you are kept in your User Account for a maximum of 72 hours. After that, they are automatically deleted.
11.3 KUARIO may place restrictions on the size of your files and the numbers. These restrictions may be included in a Fair Use Policy.
11.4 You warrant that you are authorized to use the uploaded or scanned files and that their use does not violate the restrictions set by KUARIO, applicable laws and regulations and that they do not infringe any third party (intellectual property) rights or are not otherwise unlawful.
11.5 KUARIO reserves the right to remove the files if it reasonably suspects that (the use of) the files are in violation of Article 11.4, without in any way giving rise to any right to compensation.
Article 12 Intellectual property rights
12.1 All intellectual property rights, including but not limited to all copyrights, database rights, trademark rights and trade name rights, relating to the Online Platform and the Services belong exclusively to KUARIO and/or its licensors, with the exception of the files and other materials that a User uploads into its User Account. There is expressly no transfer in whole or in part of such rights from KUARIO to User.
12.2 It is not permitted to:
- a) make the Online Platform or any content or part thereof available to third parties, modify or copy or otherwise reproduce or disclose it;
- b) decompile the software underlying the Online Platform, remove the code, reproduce or translate the code or otherwise subject it to reverse engineering.
(c) remove or circumvent any technical security measures or usage restrictions that may have been applied.
12.3 You guarantee that the files and other materials uploaded by you in the Online Platform do not infringe any third party (intellectual property) rights. You fully indemnify KUARIO against any possible claims by third parties in any way arising from and/or related to the files and materials uploaded by you in the Online Platform, including any claim based on the allegation that the files and materials in question infringe any (intellectual property) rights of third parties or are otherwise unlawful.
Article 13 Use of personal data
13.1 Through the Online Platform and the Services, KUARIO processes. Personal Data. KUARIO ensures that such processing of Personal Data complies with the European General Data Protection Regulation (“Avg”) and the local Avg implementing law.
13.3 You are aware and agree that in order to perform the Services, KUARIO is required to fully comply with the laws and regulations applicable to it, including the Financial Supervision Act (Wft) and the Money Laundering and Terrorist Financing Act (Wwft). Under these laws and regulations, KUARIO may be required to process information, including personal data, and to make reports to, provide information (including personal data) to, or cooperate with investigations of its suppliers (which are subject to supervision by a financial market supervisory authority), or of supervisory authorities (including DNB, AFM or the FIU, the Tax Authorities or the Personal Data Authority). KUARIO is entitled to process personal data in the context of fulfilling such (legal) obligations.
13.4 Through the Online Platform and the Services, KUARIO collects data relating to the use of the Online Platform and the Services. This data is exclusively anonymized and cannot be traced back to a person or to the hardware on which the App is stored. The data is used exclusively for general statistical purposes to obtain a better picture of the use of Online Platform and the Services.
Article 14 Liability
14.1 Although KUARIO takes the utmost care with respect to its Services and (the content of) the Online Platform, it cannot guarantee the presence of any defects, malfunctions or other imperfections. Nor can KUARIO guarantee the actions and conduct of Merchants or defects in the products or services provided by Merchants.
14.2 Use of the Online Platform and the Services is entirely at your own risk. KUARIO shall not be liable for any damages of any kind arising out of or in connection with the use of the Online Platform, the User Account and/or the Service, unless there is intent or gross negligence on the part of KUARIO.
14.3 The total liability of KUARIO, for whatever reason, can never exceed Euro 150 (one hundred and fifty euros) per event, whereby a series of events is considered as one event.
14.4 Any liability of KUARIO for indirect damages, including but not limited to consequential damages, loss of profits and loss of sales, is excluded at all times.
14.5 You shall be liable and fully indemnify KUARIO for all claims and actions brought against KUARIO by third parties (including the Merchant) in connection with your failure to fulfill or fully fulfill your obligations to such third parties, act in violation of these Terms & Conditions and the Agreement, or in connection with any other act or omission that has resulted in the bringing of a claim.
Article 15 Suspension
15.1 KUARIO is entitled to suspend the performance of the Agreement, in whole or in part, if you fail to comply with your obligations under the Agreement (including these Terms & Conditions) or if KUARIO suspects that you are in breach of the Agreement (including these Terms & Conditions), without prejudice to any other rights accruing to KUARIO and without this giving rise to any right to compensation. Suspension may occur, for example, by denying (access to) your User Account and/or otherwise blocking access to or use of the Service in whole or in part.
15.2 As soon as you still comply with the Agreement and/or provide sufficient security to meet your obligations, KUARIO may lift the suspension. KUARIO is entitled to attach further conditions to this.
Article 16 Termination of the Agreement
16.1 The Agreement is entered into for an indefinite period of time.
16.2 You are entitled to terminate the Agreement at any time. Termination can take place, for example, by deleting your User Account.
16.3 KUARIO is entitled to terminate or dissolve the Agreement with immediate effect if:
-you have not used the Service for a period of 5 years and, for example, have not logged into your User Account;
-permits, third party or otherwise, under which KUARIO offers its Services are terminated, revoked or modified;
-an agreement between KUARIO and a third party on whom KUARIO depends to provide the Services is terminated for any reason;
-if technical or business reasons or (changes in) laws and regulations require it; or
-you are in breach of your obligations under the Agreement (including these Terms & Conditions) or if KUARIO suspects that you are in breach of the Agreement (including these Terms & Conditions),
-suspension of payments or bankruptcy is sought or granted;
-The Natural Persons Debt Rescheduling Act applies to you; without prejudice to any other right accruing to KUARIO and without giving rise to any right to damages
16.4 For a period of two (2) years after the end of the Agreement, KUARIO will, at your request, refund the remaining Credit to the bank account with which you originally paid the Credit. KUARIO is entitled to impose further conditions (e.g. with respect to identification) for granting the refund request.
Article 17 Other provisions and applicable law.
17.1 KUARIO shall not be obliged to comply with any obligation if prevented from doing so as a result of force majeure. Force majeure shall include a failure of suppliers and/or other third parties used by KUARIO.
17.2 You are not permitted to assign, transfer or otherwise make your rights and obligations under the Agreement available to third parties. However, KUARIO is entitled to transfer the Agreement or its rights and obligations under the Agreement to a third party (e.g. in the event of a merger or transfer of KUARIO’s business), to which transfer you hereby agree in advance.
17.3 KUARIO shall be entitled to amend the Service and the Terms & Conditions at any time. KUARIO shall announce the amended Terms & Conditions on the Website at least one month before they take effect. If the amendment of the Service or the Terms & Conditions is necessary to comply with applicable laws and regulations, KUARIO is entitled to shorten the period of one month to one week. If you do not agree with the change, you may discontinue using the Online Platform and the Services. If you continue to use the Online Platform and/or the Services after the amendment, your acceptance of the amended Services and/or Terms & Conditions is thereby assumed.
17.4 If and insofar as any provision of these Terms & Conditions is nullified or annulled, the other conditions shall remain in full force and effect. KUARIO shall then adopt a new provision to replace the void/annulled provision, taking into account as much as possible the scope of the void/annulled provision.
17.5 The Agreement (including these Terms & Conditions) is governed by Dutch law.
17.6 Any disputes shall be submitted to the competent court of the District Court in Amsterdam, the Netherlands, for that purpose.
Last updated :
Haarlem, Aug. 24, 2023