Grover Card Terms & Conditions
23 April 2021
GENERAL TERMS AND CONDITIONS FOR THE USE OF THE GROVER CARD
We appreciate your decision to use the Grover Card. With our Grover App, you can access information about your Grover Card issued by Solarisbank AG (hereinafter "Bank") and use your Grover Card. These General Terms and Conditions (hereinafter "GTC") govern the legal relationship (hereinafter "User Agreement") between you as a user (hereinafter "you" or "User") and Grover Deutschland GmbH (hereinafter "us", "we" or "Grover") as the provider of the Grover App.
§ 1 SCOPE, GENERAL
1.1 The GTC applies to the services offered by us via the Grover App regarding the Grover Card (hereinafter "Grover Card Services").
1.2 These GTC do not apply to the relationship between the Bank and you. In particular, they do not govern the terms and conditions relating to accounts with the Bank and payment cards issued by the Bank. In such cases, the terms and conditions set by the Bank shall apply (https://www.solarisbank.com/de/customer-information/).
1.3 The contractual language is German. This translation of these GTC is provided for convenience only. In case of deviations between this English version and the German version, the German version of these GTC shall apply.
1.4 These GTC are available at [Link].
§ 2 CONCLUSION OF CONTRACT
2.1 The User Agreement can only be concluded by declaration via the Grover App. You can make an offer to conclude the User Agreement via the Grover App by starting the process for applying for the Grover Card and agreeing to these GTC.
2.2 Grover accepts the offer to conclude the User Agreement by confirming the conclusion of the User Agreement.
2.3 Using the Grover App, you may apply for the issuance of a VISA Debit Card (the "Grover Card") by the Bank and the opening of a Grover Card Account with the Bank (hereinafter the "Grover Card Account/Account"). The opening of an account with the Bank and the issuance of a VISA Debit Card by the Bank are required in order to use the other Grover Card Services. If the Bank does not enter into a contract with you, you have no claim against Grover for further services in connection with the Grover Card.
2.4 In order to conclude a contract with the Bank, it is necessary to transmit data to the Bank. From your general Grover registration, your first and last name, your email address and your birthday will be transferred. In addition, you must transmit the following data:
(i) Place of birth;
(ii) Nationality;
(iii) Address;
(iv) Mobile phone number;
(v) Employment status;
(vi) User’s confirmation that he/she is not subject to the U.S. Foreign Account Tax Compliance Act (FATCA);
(vii) Confirmation that the account is opened and used in the name of the User and for the account of the User.
2.5 In order to conclude the contract with the Bank, it is also necessary to verify your identity. Within the Grover App, you may be forwarded to the Bank or a third party designated by the Bank in order to verify your identity. The terms and conditions of the bank apply in detail.
2.6 Within 90 days after opening the Grover Card Account, you must also provide your tax ID in the Grover App.
§ 3 FUNCTIONS
3.1 Once your Account is opened and you receive your Grover Card, you will be able to access various features related to your Grover Card via the Grover App. In particular, you can;
(i) view information about your Grover Card usage and transactions,
(ii) access the balance of your Grover Card Account,
(iii) change your personal data and PIN,
(iv) block and unblock your Grover Card,
(v) set up notifications.
3.2 The use of the Account and the Grover Card is governed in detail by the above-mentioned terms and conditions of the Bank.
§ 4 AVAILABILITY
4.1 We endeavor to keep the services within the Grover App available continuously and without restriction. We aim for an availability of at least 98% on an annual average. Excluded from this target availability are times when the services are unavailable due to technical or other problems beyond our control (force majeure, fault of third parties, causes within the control of the Users or the Bank). Also excluded are times when the services are unavailable due to planned and announced maintenance work as well as maintenance work that becomes necessary at short notice (especially if it is necessary for security reasons). We always endeavor to arrange maintenance work in such a way that it interferes as little as possible with the use of our services.
4.2 If we have a reasonable suspicion that the Grover App is being misused or that misuse is actually taking place, we can block individual Users at any time for a reasonable period of time in each individual case.
§ 5 CUSTOMER SERVICE
5.1 Our Grover Customer Service will be happy to help you with any questions or problems you may have when using the Grover Card Services.
5.2 You can reach our customer service from Monday to Friday from 9 a.m. to 6 p.m. by:
(i) Email: [email protected]
(ii) Chat within the Grover App
§ 6 DUTIES TO THE USERS
6.1 Users are obligated to truthfully provide all data submitted to Grover. In particular, Users may not impersonate someone else or otherwise provide inaccurate information about their identity or personal data to be provided in accordance with § 2.4 Users must notify Grover of any changes to their name or address.
6.2 Users may not modify, manipulate or use the Grover App in any way that goes beyond or is contrary to the intended purpose of the Grover App.
6.3 Users are responsible for maintaining the confidentiality and security of their Grover App access data. This means that you must keep your access data secret, must not pass it on, must not tolerate or enable third parties to gain knowledge of it, and must take the necessary measures to ensure confidentiality, e.g. by using a secure password consisting of numbers, letters and special characters and by changing the password regularly.
6.4 The email address provided by Users must be accessible for emails from us and retrievable by the respective Users from the time of registration.
6.5 Users must inform us immediately (to: [email protected]) if they have a reasonable suspicion that their User account is being misused or misuse is imminent or if their access data has become or could become accessible to third parties.
6.6 Users are obligated to comply with all applicable laws and other legal provisions of the Federal Republic of Germany when using the Grover App.
6.7 All actions that impair the secure and smooth functioning of the Grover App or its integrity and availability are prohibited. In particular, the mass sending of emails (SPAM) to Grover or email addresses related to the Grover Card and Grover App, hacking attempts, brute force attacks (i.e. randomly trying out passwords for other User accounts), the use or sending of spyware or Trojans as well as viruses and worms are also prohibited.
§ 7 COSTS
7.1 The prices for the Grover Card services are set out in the applicable price list.
7.2 Users shall pay the prices via SEPA direct debit. Grover shall notify Users of any SEPA direct debit at least five (5) days prior to the collection on the relevant invoice ("Advance Notice"). The collection of the invoice amounts shall therefore take place at the earliest on the sixth (6.) day after receipt of the invoice with the Advance Notice. In the event of revocation of the SEPA direct debit mandate or in the event of a return debit note twice, the User shall receive an invoice via email and shall transfer the invoice amount to the account specified in the invoice. Further claims of Grover in the event of a delay in payment shall remain unaffected.
§ 8 GROVER CASH PROGRAM RULES
8.1 EARNING GROVER CASH
8.1.1 Grover Card users will earn Grover Cash in an amount of 3% of the amount of each payment made with the Grover Card, except for payments excluded in accordance with Annex 1, up to a certain maximum amount stipulated by Grover from time to time per calendar month and Grover Card. Grover will inform Grover Card users on the maximum amount via the Grover App.
8.1.2 Grover Cash will be earned with the Grover Card upon final completion of the payment with the Grover Card.
8.1.3 If any completed transaction is reversed (e.g. via a refund or chargeback), Grover Cash will be reversed in the Grover Cash balance as well. Therefore, the Grover Cash balance can be negative.
8.1.4 Grover informs Grover Card Users on their current balance in their Grover Cash in their account.
8.1.5 If a Grover Cash credit is made despite there being a reason for an exclusion or a credit has been wrongly issued for other reasons or there has been a misuse by the Grover Card User, Grover reserves the right to transfer back or withhold the relevant credit.
8.2 EXPIRY OF GROVER CASH (LOST WITHOUT SPENDING)
Grover Cash earned for a Grover Card transaction will expire after 36 (thirty-six) months to the end of a quarter. The user will be notified at least 3 (three) months prior to expiry of Grover Cash.
8.3 SPENDING GROVER CASH
8.3.1 Grover Cash can be used only for the purposes expressly specified in these General Terms and Conditions.
8.3.2 You can redeem your Grover Cash to discount your existing subscriptions with Grover.
8.3.3 Grover Cash is not automatically redeemed. Grover Card users decide when and in what amount they use Grover Cash. They can redeem it for their existing subscriptions in the Grover App.
8.3.4 Grover Cash is not transferable to third parties. The sale, exchange, offering for auction or any other transfer of Grover Cash to a third party is prohibited. Negotiating for the purchase or sale of Grover Cash, the purchase of Grover Cash from Grover Card users or a third party, and the unauthorized use of Grover Cash are also prohibited.
8.3.5 In the case that Grover Cash is redeemed to discount an existing subscription, the amount deducted by using Grover Cash shall not be included in the calculation of the purchase price.
8.4 DISCOUNTING EXISTING SUBSCRIPTIONS WITH GROVER CASH
8.4.1 If the Grover Card User redeems Grover Cash for existing subscriptions with Grover, then, the Grover Card User can select for which subscription Grover Cash will be applied, and then selects the amount of 1 € to up to 20 € per month per subscription in steps of 0,01 €.
8.4.2 The discount will reduce the upcoming monthly subscription fee of the selected subscription.
8.4.3 Per subscription per contract month, Grover Card Users can only redeem 20 € Grover Cash.
8.4.4 Users can repeatedly redeem Grover Cash for future subscription fees as long as the total amount does not exceed a total of 20 € per month per subscription.
8.5 DISCONTINUATION, TERMINATION, CHANGES TO THE GROVER CASH PROGRAM
8.5.1 Grover reserves the right to discontinue the Grover Cash program at any time without providing reasons subject to 4 (four) weeks’ notice by e-mail or other communication channels.
8.5.2 Grover can temporarily limit or suspend the Grover Cash program entirely or for individual Grover Card Users and/or Grover Card Users’ access to their account to prevent improper use, abuse or in the event of malfunctions or other irregularities. Grover will limit the suspension or limitation in time and scope as reasonably possible under the circumstances. Grover will notify Grover Card Users of the limitation or suspension without undue delay.
8.5.3 Grover reserves the right to make any changes or additions to the Grover Cash Program Rules, providing this does not discriminate against the Grover Card Users in bad faith. Changes or additions to the earning of Grover Cash, the spending of Grover Cash or other processes for Grover Cash will be notified to the Grover Cash users by e-mail or other communication channels.
§ 9 LIABILITY OF GROVER
9.1 Grover is liable for damages without limitation if the cause of the damage is based on an intentional or grossly negligent breach of duty by Grover, one of Grover's legal representatives or vicarious agents. Grover is liable for negligent conduct only in the event of a breach of a duty, the fulfilment of which is essential for the achievement of the contract and on the observance of which the User may regularly rely (cardinal duty), insofar as Grover must typically expect the damage caused according to the circumstances known at the time of the conclusion of the contract. In all other respects, Grover's liability - including for vicarious agents - is excluded.
9.2 The limitation of liability according to § 9.1 does not apply to claims for damages arising from injury to life, body, health, the assumption of a guarantee of quality or fraudulent concealment of defects by Grover. Liability under the Product Liability Act remains unaffected. Any statutory liability privileges in favor of Grover, e.g. according to §§ 7 to 10 of the Telemedia Act of the Federal Republic of Germany, shall remain unaffected.
9.3 Grover is not responsible for the actions of the bank and does not assume any liability.
§ 10 TERM AND TERMINATION
10.1 The User contract runs for an indefinite period of time.
10.2 Users may terminate the User Agreement at any time with one (1) month's notice to the end of a calendar month.
10.3 Grover may terminate the User Agreement at any time with two (2) months' notice. When determining the period of notice, Grover will take into account the important interests of the User.
10.4 The right to terminate for cause remains unaffected. In particular, Grover may terminate the license agreement without notice if
(i) the User not only insignificantly or repeatedly violates the obligations incumbent upon him/her under these GTC, or
(ii) the contract between the User and the Bank is terminated.
10.5 Upon termination of the User Agreement, the User will no longer have access to his Grover Card Account and the related information via the Grover Card App.
10.6 Grover accepts terminations by Users of the contractual relationship between Users and the Bank on behalf of the Bank and forwards them to the Bank. The terms and conditions of the Bank shall apply to the processing of the Grover Card Account.
§ 11 TO THE GTC
11.1 We reserve the right to change these GTC at any time, unless other provisions of the User Agreement (in particular type and scope, term, termination) are included. The amended terms and conditions shall be notified to the User in text form with reasonable notice, generally six (6) weeks before they come into force. The amendments shall be deemed to have been approved if the User does not object to them within six (6) weeks of receipt of the notification. Grover will inform the User separately about the possibility of objection and compliance with the deadline. If the User exercises its right to object, the modifications shall not become part of the contract and the contract shall continue unchanged.
11.2 In the event of an objection to the amended terms and conditions within the period stipulated, we shall be entitled to terminate the User Agreement at the time at which the amendment comes into force, while safeguarding the legitimate interests of the User. The User cannot assert any claims against Grover as a result of this.
§ 12 INDEMNIFICATION
12.1 The User indemnifies Grover against all claims asserted by third parties against Grover due to use of the Grover Card App in breach of contract or in violation of the law, unless the User is not responsible for such use. In the event of indemnification, the User shall indemnify Grover for any damage incurred by Grover due to the use in breach of contract or unlawful use, including any costs of legal defense. The User shall inform Grover immediately if third parties assert claims due to use of the Grover Card App that is contrary to the contract or illegal and shall support Grover in its legal defense.
§ 13 DATA PROTECTION
13.1 We take the protection of your personal data very seriously and appreciate the trust you place in us.
13.2 As part of our services with the Grover Card App, personal data, including financial data, is transferred between the Bank and us and processed by us. This is necessary in order to provide our services in connection with the Grover Card App to you.
13.3 Detailed information on data processing in connection with the Grover Card Services can be found here.
§ 14 MISCELLANEOUS
14.1 The contractual relationship between Grover and the User is governed solely by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The choice of law does not deprive you of the protection granted to you under the mandatory consumer protection provisions of the law applicable to your habitual residence. The choice of law also does not mean that you have to enforce your right before a foreign court.
14.2 If any provision of these Terms and Conditions is or becomes invalid in whole or in part, or if a loophole is discovered, this shall not affect the validity of the remaining provisions.
§ 14 MISCELLANEOUS
Our contact information is:
Grover Group GmbH
Holzmarktstr. 11, 10179 Berlin
E-Mail: [email protected]
Commercial Register: Berlin-Charlottenburg District Court Commercial Register Number: 166467B, Sales Tax Identification Number: DE300852104
For further information please see our imprint: https://www.grover.com/de-de/g-about/impressum.