Terms and Conditions of Use

1. Registration, Use Requirements, Password

1.1.

Users may register if they are over 18 years of age, are digitally registered Nectar customers and currently have no user account for the Service. After registration, Users will not incur any monetary charge to use the Service. There must not be more than one user account per user. Leaving or selling the user account to a third party is prohibited.

1.2.

By accepting these Terms and Conditions of Use, the User requests that a user account be set up for the Service. There must not be more than one user account per user. Leaving or selling the user account to a third party is prohibited.

2. Term, Access to User Account

2.1.

Registration for the Service and access to its full features remain valid until either the User chooses to stop using the Service or the Provider decides to discontinue it. The User does not need to submit a formal cancellation—simply ceasing to use the Nectar Arcade is sufficient. The Provider reserves the right to discontinue the Service at any time. In such cases, the User has no specific rights or claims against the Provider related to the discontinuation and User will generally no longer have access to any data or content linked to their account.

2.2.

The right of the contracting parties to extraordinary termination for cause remains unaffected. For the Provider, cause is, in particular, if (i) the User uses the Service in breach of the contract, in particular for commercial purposes or misuse, or in breach of the conduct obligations in section 10 of these Terms and Conditions of Use, or (ii) the application for registration was improper or misused.

2.3.

If a User wishes to request the deletion of their personal data, they can contact the Provider at adjoe GmbH, An der Alster 42, 20099 Hamburg or by sending an email to dataprivacy@adjoe.zone. All requests will be handled in accordance with applicable data protection laws.

2.4.

After the User stops using the Service, they may continue to use any Preset Apps previously acquired from the Provider’s partner companies.

3. General Service Description

The Service offers access to apps across various categories and enables participation in a bonus or reward program based on the active use of gaming and other apps. Participation in the Service is intended solely for entertainment purposes. The aim of the Service is to present apps and games to Users, allowing them to collect Nectar Points through their engagement. Recommendations may be based on prior app preferences as well as usage and purchasing behaviour.

The User collects Nectar Points by actively using the apps of the partner companies of the Provider preset in the Service. The collected Nectar Points can be used and exchanged for certain rewards in the Nectar App.

4. Collecting Nectar Points

The Service provides Users with the opportunity to collect Nectar Points through the use of the Preset Apps. The Preset Apps for which Nectar Points can be collected, the Nectar Points that can be generated per app, and the temporal and content restriction of special offers or special promotions regarding individual Nectar Points are set by the Provider alone and can be changed by the Provider at any time without stating reasons. To collect Nectar Points, the User must satisfy the conditions or meet the milestones specified by the Provider at the time they start the game. The Provider cannot make any changes that would affect Nectar Points already earned by the User for validly satisfying conditions or achieving specified milestones.

5. Nectar Points

5.1.

The value of Nectar Points is determined by the terms of the Nectar Loyalty Programme, including those related to the use of the Nectar App, and is outside the control of the Provider.

5.2.

The number of Nectar Points which can be collected by the User for a specific reward is accurate at the time the reward is earned. The Provider reserves the right to update and adjust the number of Nectar Points that can be collected at any time. Users are not entitled to any specific Nectar Points earn rate at which they can earn rewards.

5.3.

The Provider continuously develops the Service. The User has no entitlement to the preservation of the Service or Preset Apps in the version in existence at the time the contract is concluded. The Provider therefore reserves the right to offer new features and functions from time to time, mainly but not exclusively for the collection of Nectar Points. In the course of the adjustment and further development of the Service, the Provider also reserves the right to link additional features to certain conditions or to no longer offer them at all.

5.4.

The User is not entitled to receive a reward if they violate the rules of the apps and games or the code of conduct outlined in section 10, particularly if they have technically manipulated the outcome of a game and app or the Service itself.

6. Fees

There is no fee or monetary cost payable for the registration and use of the Service to collect Nectar Points.

7. Rights to the Content Provided by the Provider

The content provided in the Service by the Provider is copyright and ancillary copyright protected. The duplication, public reproduction or other use, or exploitation of such protected content is not permitted without the permission of the respective right holder. The Users may use, access, store and print the content only for the purposes of the contractual use of the Service and for private use.

8. Availability, Data Security

8.1.

The Provider does not guarantee that the Service, and services and functions subject to registration, will always work and always be available uninterruptedly and error-free. The User must ensure a sufficient internet connection themselves. The User is aware that the apps and games, and services, as with any software, can never be completely free from error. The User itself is responsible for adhering to the system requirements necessary for the use of the Service, in particular regarding the operating system it uses. However, the Provider will endeavour, to the best of its abilities and to the most economically reasonable extent, to enable the uninterrupted and error-free operation of the Service at all times.

8.2.

The Provider may restrict access to and availability of the Service, as well as services and functions that require registration, if necessary to ensure the security of network operations, maintain network integrity, or prevent significant disruptions to the network, software, or stored data.

8.3.

The Provider is not obliged to update, upgrade, or otherwise modify the Service to accommodate changes in hardware or software (particularly operating systems).

9. Guarantee/Liability

9.1.

If the Provider is made aware that the Service displays errors that significantly impair its suitability for the proper use, it will endeavour to rectify the errors as soon as possible, for example by providing an update. This excludes errors that are not within the area of responsibility of the Provider, e.g. errors that occur via updates to the Android or Apple operating system.

9.2.

The Provider will not become a contractual partner of the User regarding the use of the Preset Apps. The Provider assumes no responsibility in this regard for material defects or defective title. In addition, the Provider is not responsible for the correctness, completeness and/or topicality of the content of the Preset Apps. The Provider does not appropriate the content of these apps and is not liable for damage caused by or due to the use of these apps. In addition, the Provider does not accept responsibility for the services of the partner companies being provided properly.

9.3.

The use of the Preset Apps is regulated exclusively by the User contract existing between the User and the partner company of the Provider which will be surfaced the first time the User accesses that Preset App, and any terms and conditions of use set by the partner company. It is the sole responsibility of the User to inform themselves about the essential matters as necessary for the decision on concluding a contract or agreeing to the terms and conditions of use of Preset Apps provided by the partner company.

9.4.

The Provider accepts unlimited liability for death or personal injury caused by its negligence, fraud, or any liability that cannot be excluded by law. For all other claims, the Provider’s liability is limited to losses arising from a breach of material contractual obligations, and then only to losses that are foreseeable and typical for such a contract. In such cases, liability is capped at the total fees paid by the User for the Service in the 12 months prior to the claim. The Provider is not liable for indirect or consequential losses, including loss of profit, revenue, or data. These limitations also apply to the Provider’s employees, agents, and subcontractors.

10. Rules of Conduct of the User

10.1.

The User may not load, store, distribute, present, make public, publish, refer to or link, with the aid of the Service, any content that could violate or impair the personality rights and/or property rights of third parties, and/or

• is considered obscene, offensive, defamatory, lewd, violence-glorifying, pornographic, harassing, unsuitable for minors, racist, hate speech, xenophobic, extreme right-wing, or otherwise objectionable, and/or
• contains or represents viruses, Trojans, circumventions within the sense of access control service law, or unsolicited mass transmissions (so‑called “spam”), and/or
• serves and/or is suitable to read, store or transfer personal data of other members for purposes other than the proper use of the offering, and/or
• invites participation in chain letter, pyramid scheme or bonus share promotions or has other marketing purposes

The User will relieve the Provider and his employees as well as his representatives of all resulting claims of third parties if (third‑party) rights are supposedly or actually infringed in the context of any legitimate use of the Service.

10.2.

The User may only set up one account in the Service (“prohibition of multiple accounts”). In particular, an account may not be used to provide benefits to another account of the same user, for example by transferring items or credits in the app and game currency within an app and game from one account to another account of the same user (“pushing prohibition”).

10.3.

The use of the Service is only permitted by means of tools provided by the Provider or otherwise permitted (“prohibition of the use of unauthorised scripts”). This means the following in particular: The use of programmes that cause a disproportionate load on the server is not permitted. The use of software for the systematic or automatic control of the Service or individual app and game functions (bots or macros) for the reproduction or analysis of apps and games, app and game elements or the content set in the app is not permitted.

10.4.

The Provider reserves the right to exclude the User and its end devices from the Service, in the event of impermissible use behaviour, without stating the specific reason (impermissible behaviour includes, for example, the use of multiple end devices from one IP address (if this is not customary at the respective location or in the respective country), multiple use of User accounts that are linked to payment service providers, and certain changes to the mobile operating systems, such as the granting of unrestricted admin access, installation of malware or a specific modification of the operating system etc.).

11. Changes to the Terms and Conditions of Use and the Service

The Provider reserves the right to change these Terms and Conditions of Use at any time and add new or additional terms or conditions for the User’s use of the Service. The User will be informed about these changes and additional terms and conditions by Nectar via email, and if they are accepted by the User they will become effective immediately and will be included in this agreement. If the User rejects such changes, the Provider has the right to terminate the agreement.

12. Data Privacy

The use of the Service is subject to the Data Privacy Statement in its current version, available under the Data Privacy heading within the Service or at Privacy.

Unless the User consents, the Provider will only process the User’s personal data to provide the Service in accordance with the law. Further information about what happens to the personal data of the User can be found in the Data Privacy Statement and its corresponding declaration of consent, which must be confirmed by the User before the active use of the Service.

13. Dispute Resolution

We are obliged to inform you that the EU Commission has implemented an online platform for alternative dispute resolution of consumer disputes, the “ODR Platform” (Online Dispute Resolution Platform): https://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

14. Final Provisions

14.1. Server Time

If a date and/or time is decisive for declarations and legal transactions, the displayed server date and the displayed server time of the Service is decisive.

14.2. Applicable Law and Place of Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. The courts of London shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation.

14.3. Sub‑providers and Contract Takeover

The Provider is entitled to entrust third parties, in whole or in part, with the provision of the agreed Services at any time. Moreover, the Provider can assign its rights and duties from this contract to one or more third parties (contract takeover). In the case of a complete contract takeover, the User has the right to cancel the contract without notice.

14.4. Changes to these Terms and Conditions

Any changes to these Terms and Conditions must be made in writing to be valid.

14.5. Severability Clause

If any provision of these Terms and Conditions of Use is or becomes invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the intended economic purpose of the original. The same shall apply in the event of any omission or gap in these Terms.