Dezerved Terms & Conditions
1. Access to Dezerved
Dezerved is hosted and operated by the Loylogic group of companies ("Loylogic", "we", "us", "our").
The use of Dezerved is exclusively for registered members ("Member" or "Members", or "you") who are aged 18 or older, and who can enter into legally binding agreements. The rules relating to the use of Dezerved are set out below.
Using Dezerved, Members can take advantage of discounted and exclusive offers from independent merchants ("Partners") appearing on Dezerved.
Members can subscribe to Dezerved via a participating loyalty program ("Loyalty Program") and can pay for goods, services, vouchers or coupons (together "Offer(s)") with their Loyalty Program currency such as points, miles, etc. (together "Points") along with another means of payment. For clarity, each Loyalty Program has a separate agreement with you, and does not become a party to your agreements with Loylogic or Partners; and each of these parties acts on their own agreement with you and is not liable for any other party.
1.2 Acceptance of Terms & Conditions
By accessing the Dezerved website ("Site") or any website linked to the Site and making transactions through the Site, specifically by clicking the "I AGREE" and/or similar buttons, you expressly indicate your acceptance of the rules applicable to Dezerved and your acknowledgment of the Dezerved Privacy Notice.
1.3 Acceptance of Electronic Communication
Partners may send you email service communications, including purchase confirmation emails, and you agree that such electronic communications satisfy any legal requirements that such communications be in writing. Service communications cannot be opted out of and therefore if you do not wish to receive these communications, you will not be able to redeem Points or make any purchases using the Site.
1.4 Relationship between You and Partners
Offers are sold and distributed by Partners who make such Offers available directly to you via the Site. When you purchase an Offer you directly enter into an agreement with the respective Partner. Loylogic provides the access and the technical platform for you to purchase Offers directly from the Partner. You agree and acknowledge that separate terms and conditions of the relevant Partner will apply to certain Offers. You agree to abide to such applicable terms and conditions, including but not limited to, rules and restrictions on availability, shipment and delivery terms, notification of defects, return and refund policies, money back guarantees and claims for damages. Loylogic will not become a party to the transaction between you and the Partner. You should read the terms and conditions of the respective Partner on the Partner Details tab as you will need to accept that Partner’s terms and conditions prior to making a purchase.
1.5 Use of Dezerved
You may only use the Site to make non-commercial, legitimate reservations or purchases and shall not use the Site or Dezerved for any other purposes, including making any speculative, false or fraudulent purchases. Offers are subject to availability at the time you place the purchase order. By accessing and/or using the Site, you authorize Loylogic to consider any person using your information a legitimate user. Purchases can be made only by Members personally. Members/legal guardians must ensure that the login details are not used illegally. Loylogic bears no responsibility for any consequences of illegal use of a Member’s personal details. Loylogic reserves the right to refuse access to the Site in cases it deems constitute misuse.
Loylogic will not be held responsible for the exclusion of Members who use Dezerved or the Site unlawfully.
2. Customer Service
If you have any questions related to an Offer purchased on the Site or to your order please contact us via the form in this link CONTACT US.
Members can purchase Offers using a combination of Points and cash via debit card or credit card. Points are deducted from your Loyalty Program account once you have placed your order. Offers cannot be purchased using only Points.
3.1 Payment with Points
Members can part pay for Offers using their Points provided they have a sufficient amount of the same in their Loyalty Program account. The number of Points required to be redeemed per Offer shall be published on the Site and may be varied, at our discretion, from time to time.
3.2 Payment with a Payment Card or Credit Card
Offers are not available for purchase with a card payment only. For payments by debit card or credit card, a secure Credit Card Internet Gateway Service (with for example 3D Secured) is used. The communication with the payment gateway happens via https. The amount as indicated on the Site for the respective Offer will be collected by Loylogic on behalf of the Partner.
3.3 Conversion of Points into Cash
The conversion of Points into a cash amount and the payment of such cash amount to Members or any similar transaction is not possible, not even in the case of the return of an item or the refusal of access to the Site.
3.4 Reclaim/Refund of Cash and Points
Any Offers purchased by you with Points that have not been properly debited to your Loyalty Program account can be reclaimed by Loylogic at any time without compensation.
If you return an Offer that was purchased using Points, once and only if the Partner confirms acceptance of the refund, we will refund you the cash element of your purchase to your payment card and notify your Loyalty Program to credit those Points to your Loyalty Program account. However, Loylogic is not responsible for any delay or failure by your Loyalty Program to do so.
4. Shipping, Handling and Returns
For shipping, handling, returns or other delivery related matters, such terms and conditions as set out in the relevant Partner Details tab on the Site are exclusively applicable.
Physical Offers are sent only to the address explicitly provided with a specific order. Digital Offers (including coupons and vouchers) can be downloaded via a link in the email sent to the address provided with a specific order. Delivery dates cannot be guaranteed and we do not assume any liability for failed deliveries caused by incorrect physical or email addresses, absence of the recipient, customs issues, force majeure or other reasons not under our reasonable control. Please contact us in case of non-delivery of the Product beyond the estimated delivery time stipulated on the order confirmation page. Any non-delivery claims received later than 3 months from the order date can no longer be processed.
4.3 Fees & Taxes
The prices on the Site include all taxes and shipping and handling fees of the Partner unless otherwise specified. Nevertheless, for some Offers, you may be required to pay and may bear in addition local duties and taxes such as, for example, VAT and/or luxury or customs taxes depending on your local jurisdiction. Please check with your local customs authorities prior to purchasing an Offer.
4.4 Withdrawal Period
Where required by applicable law, Partners give a 14-day withdrawal period dating from the day on which you received the Offer. The withdrawal period shall however always comprise at least 7 working days from the day on which you received the Offer. During this period, you have the right to withdraw from the purchase by notifying us and returning the unused and undamaged products in original packaging within 14 days of notifying us to the Partner's address. Products returned thereafter can no longer be considered for refund or exchange nor can the Points be refunded unless specified otherwise. There may be a longer withdrawal period or no withdrawal period for perishable or customized items or for digital products or downloads – please refer to the Partner Details tab on the Site for more details.
4.5 Return Handling
In case a Partner grants a return period that exceeds any legally required withdrawal period, such terms as set out in the relevant Partner Details tab on the Site are exclusively applicable. In case of (i) returns in accordance with the applicable terms and conditions of the relevant Partner, or (ii) unsuccessful delivery due to your actual fault (e.g., insufficient or incorrect delivery address or no physical acceptance at the nominated delivery address) you may be required to pay incurred credit card fees, additional shipping and handling fees, and any other taxes and expenses in connection therewith.
4.6 Guarantee Period
In case of an existing fault in a Product, such guarantee periods, if any, as set out in the relevant Partner Details tab are exclusively applicable.
4.7 Faulty/Damaged Goods
If you receive faulty/damaged goods from a Partner, please contact us within 24 hours of receipt of your delivery, including, where possible, reasonable proof of the fault/damage.
5. Prize Draws
Members can redeem Points for prize draw tickets to win specified prizes published on the Site ("Prizes"). To enter, you must redeem the specified number of Points for a prize draw ticket, as set out on the Prizes section of the Site. Points are deducted from your Loyalty Program account once you have placed your ticket(s) order. Tickets cannot be purchased with cash or money equivalent. No purchase necessary: you can enter without redeeming Points and receive a coupon code for one free entry by emailing us at email@example.com with the following information in the subject line: "Free Entry"; your Loyalty Program Name (if relevant) ; your Member ID; and, the name of the relevant draw. We will send you a discount code which can be used to claim one entry into the respective prize draw. Only one discount code can be claimed per prize draw.
Entry into prize draws or the winning or claiming of Prizes is open to Members over the age of 18 years who are resident in Austria, Germany, Switzerland and the UK. Entry is not open to Members located in jurisdictions where such draws are prohibited by law or regulation or to any of Loylogic’s affiliates, subsidiaries, directors, employees, or members of such employees’ immediate families.
5.3 Prize Draw Rules
Each prize draw start and closing period, time and date of draw and all other applicable terms will be published on the Site. Entrants will be deemed to have accepted the rules of a prize draw when they redeem Points towards a prize draw ticket.
5.4 Winners and Confirmation of Identity
After a prize draw is closed, the winner will be drawn at random and the decision shall be final. The winner will be informed by email, with his/her consent. The winner may be required to confirm their identity and legal age by providing a copy of the relevant page of their passport, driving license or national identity card to us. Following receipt and verification of the details above, the winner will be contacted in order to make arrangements for delivery of the prize.
5.5 Winner’s Information
Unless you notify us otherwise, the information you provide when entering a prize draw will be used by us to administer the draw(s), including entering your information into the draw, notifying you in case of a win, allocating prizes and publishing your information in a winner’s list. Refer to the Privacy Notice for more information on how your data is handled.
5.6 Unclaimed Prizes/Ineligible Entries
In case the winner does not, for any reason whatsoever, accept or claim a Prize, or should it be determined that the winner was not eligible to participate in or was expelled from the prize draw for any reason the prize draw shall be redrawn.
5.7 Prize Draw Cancellation
We reserve the right to cancel any prize draw, for any reason, before or after all or some of the prize draw tickets have been sold. In these circumstances we will return the Points redeemed to all participants in the cancelled prize draw without obligation to pay any interest whatsoever.
5.8 Late/Unsuccessful Entry
Loylogic accept no responsibility for entries which are not successfully received, or which are delayed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
5.9 No Conversion of Prizes
The conversion of a Prize into a cash amount and the payment of such cash amount to the winner or any similar transactions is not possible.
5.10 Substitute Winner
In case a winner does not, for any reason whatsoever, accept or claim a Prize within a reasonable time, or should it be determined that any winner was not eligible to participate in or was expelled from the prize draw for any reason, the Prize shall be awarded to a substitute winner, in the sequence of their draw. If necessary, a new winner shall be drawn from the existing ticket pool.
5.11 Applicable Law
The rules relating to prize draws are governed by the laws of Switzerland. As a consumer, you will benefit from any mandatory provisions of the law of the country in which the promotion takes place. Nothing in these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
By entering a prize draw, you confirm that you are not breaching any laws in your country of residence regarding the legality of entering the prize draw. In case you participate in a prize draw although applicable jurisdiction prohibits prize draws and/or prize draw participation, we reserve the right not to ship the Prize. We will not be held responsible if you enter into any prize draw unlawfully. If in any doubt you should check with the relevant authorities in your country.
For German raffle terms & conditions, click here.
6. Cancellation and Termination
6.1 Cancellation or Termination by a Member
You have the right to cancel your membership at any time up until 14 days from the start date of your Dezerved membership without giving a reason. Contact us to cancel or you can use the Model Cancellation form.
You may terminate your Dezerved membership at any time, by contacting us.
6.2 Termination by Dezerved
We have the right to terminate the membership of a Member at any time and for any reason on one hundred and eighty (180) days' notice.
In case you have not actively used Dezerved for a continuous period of 24 months (for example, you have not made any transactions in this period), we reserve the right to close your membership.
Loylogic also reserves the right to immediately terminate any membership for any misuse or fraudulent activity.
Membership will terminate automatically upon the death of a Member.
6.3 Termination by a Loyalty Program
If you have subscribed to Dezerved via a Loyalty Program, your access to Dezerved will terminate at the same time as your Loyalty Program terminates its partnership with Dezerved.
7. Personal Information
7.1 Processing of Personal Information
We process personal information as required to operate Dezerved as explained in our Privacy Notice. By using Dezerved, you consent to the transfer of your information (where relevant) between your Loyalty Program and Loylogic in order to process your request(s) to pay with Points, in accordance with these Terms and Conditions. To the extent that data collected through Dezerved contains personal data, the collection and further processing of such information is explained in the Privacy Notice. In addition, the processing of data collected by Partners including information that the Partner obtains from Dezerved is explained in the Partners’ own privacy notices.
7.2 Confidentiality of Credentials
Access to and use of password protected and/or secure areas of the Site is restricted to authorised persons only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. Members are responsible for maintaining the confidentiality of their credentials, including their account and password, and for restricting access to their computers to prevent unauthorised access to the Site. Members agree to accept responsibility for all actions that occur under their account or password. Members should take all necessary steps to ensure that their credentials are kept confidential and secure and should inform Loylogic immediately if they have any reason to believe that their password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
8. Indemnification and Limitation of Liability
When making purchases using Dezerved, you enter into an agreement with the relevant Partner. You expressly acknowledge and agree that Partners are independent contractors and not employees or agents of Loylogic who shall not be liable for the acts, errors, omissions, representations, warranties or negligence of Partners.
As far as permissible by applicable law, Loylogic and, where relevant, your Loyalty Program, hereby disclaims any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with Offers purchased via the Site, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of the relevant Partner. To the extent permitted by law, Loylogic and, where relevant, your Loyalty Program, exclude all liability to you or other person of whatsoever nature in respect of any service provided, or failure to provide a service, by or on behalf of a Partner.
Loylogic provides no warranty whatsoever, express or implied, and assumes no responsibility to you or any third party, (i) as to the timeliness, accuracy, completeness, availability, merchantability, quality, fitness for any particular purpose and non-infringement of the information and content including any software programs available on or through the Site (collectively "Content") or that the Content is up to date; (ii) that the Site will meet your requirements, will be uninterrupted, timely, secure, or error-free; (iii) that the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) that any errors in the content available through the Site will be corrected. The Content available on the Site may be updated at any time without notice.
As far as permissible by law, and subject to damages caused willfully or with gross negligence, Loylogic, its affiliates, and their respective officers, directors, employers and agents exclude any liability, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, or incidental damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site or Dezerved, or with the delay or inability to use the Site or a linked Site, even if they have been made aware of the possibility of such damages. This limitation of liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labour problems or any force majeure. Loylogic cannot and does not guarantee continuous, uninterrupted or secure access to the Site or Dezerved.
9. Legal Remedies
Loylogic reserves the right to seek all remedies available at law and in equity for any misuse of the Site or Dezerved and/or violations of these rules, including the right to block access from a particular internet address and to exclude a Member from accessing the Site or Dezerved.
10. Copyrights, Marks and Patents
The trademarks, logos and service marks (collectively "Marks") displayed on the Site are the property of Loylogic, your Loyalty Program or of the Partner or other third party, as the case may be. You are prohibited from using any Marks for any purpose including, but not limited to, the use as metatags on other pages or sites on the World Wide Web without the written permission of Loylogic or such other party which may own the Marks. All Content is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You take note that one or more patents apply to the features and services accessible via the Dezerved, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.
11. Exchange Rates
All exchanges rates displayed on the Site in connection with any transactions are under license from XE.com.
12. Updates to Terms and Conditions
These terms and conditions may be updated from time to time. Any changes will become effective upon our posting of the Terms and Conditions on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Site.
13. Governing Law
These terms and conditions are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in all disputes arising out of or relating to the use of this Site. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
Last updated: 14th September 2021