1.1. These Cashback Conditions regulate the modalities and conditions for the payout of Stu benefits in the form of cashbacks on certain transactions made with the Stu debit card at Stu partners by Jaywalker to the Stu member.
1.2. These Cashback Conditions are an integral part of the General Terms and Conditions (GTC-M) of Jaywalker AG («Jaywalker») and are, unless otherwise provided, accepted by the Stu member concerned as part of the card application process. The contract between the Stu member and Jaywalker comes into effect upon the issuance of the Stu debit card. In case of any contradictions between the GTC-M and these Cashback Conditions, the latter shall prevail.
2.1. Stu members who have given their bank, from which they received the Stu debit card, consent to transmit the transactions made with the Stu debit card («card transactions») to Jaywalker and have not revoked it, participate in the Stu discount or cashback (as defined below).
2.2. The consent to transmit transaction data can be revoked with the bank according to the preceding clause, or, if provided, also via the Stu app or by written notice to Jaywalker with effect for the future, which will result in the discontinuation of participation and the receipt of further Stu discounts or cashbacks according to Clause 3. If the revocation is declared to Jaywalker (including via the Stu app), it will only become effective after being forwarded to and received by the bank.
3.1. Stu members who participate in the Stu discount according to Clause 2 receive a refund («Cashback») on eligible card transactions with a participating discount partner company («Stu Partner») for the amount paid to the Stu Partner in the course of that card transaction, at the rate agreed upon by Jaywalker with that Stu Partner (typically a percentage; this percentage is referred to as «Stu Discount»), subject to the following conditions.
3.2. Part of the contractual processing of the Stu discount and an economic basis for its granting by the Stu Partners is an evaluation of the Stu Member's data (including transaction data) and the creation and transmission of a report to the Stu Partners, which provides them with insights into the composition of customers who have claimed a Stu discount, and at what times, on what days, and for what amounts they have made purchases. Although these reports are generally only passed on to Stu Partners in anonymized form, it cannot be ruled out that a Stu Partner may identify a Stu Member in individual cases based on data already available to the Stu Partner. The Stu Member accepts this with the acceptance of these Cashback Conditions and the execution of the corresponding cashback-eligible transactions. If they do not wish this, they can declare it at any time with effect for the future via the Stu app, by e-mail to support@stu.info, or by written notice to Jaywalker AG, Alpenquai 4, 6005 Lucerne. Their transaction data will then no longer be considered for the creation of the aforementioned reports to the Stu Partners under this agreement.
3.3. Eligible card transactions are those (i) made with the Stu debit card for personal, own use (and not reversed), (ii) which have been communicated to Jaywalker by the bank according to Clause 2.1 in a timely manner (i.e., within 30 days at the latest) (i.e., relevant transaction data has been transmitted to them), (iii) which fall within a period in which the Stu member is such, the card is not blocked, and the consent according to Clause 2.1 has not been revoked, (iv) for which Jaywalker has a corresponding claim against the Stu Partner, and (v) which fulfill any further requirements within the scope of the respective Stu discount of the Stu Partner concerned.
3.4. The Stu member has no claim for cashback against the respective Stu Partner. Instead, Jaywalker claims an amount of this size from the respective Stu Partner in its own name and then refunds an amount of this size as cashback to the Stu member according to these conditions. Jaywalker is only obliged to refund the cashback to the Stu member to the extent that it itself receives a corresponding amount from the Stu Partner for the eligible card transaction concerned. If Jaywalker is legally obliged to pay taxes on the cashbacks it refunds, it may deduct them or reclaim or offset them from the Stu member retroactively.
3.5. Cashback amounts totaling over CHF 5 are usually refunded to the Stu member weekly; amounts accumulated under CHF 5 are usually refunded once a month. The payout is generally made to the private account linked to the Stu debit card at the bank or, if the bank so provides according to Clause 2.1, optionally to another account, also held in the Stu member's name, at the bank («Payout Account»).
3.6. Jaywalker may make payments for anticipated cashbacks even before the relevant Stu Partners have paid the corresponding amounts to Jaywalker. Such payments are then considered on account. If a Stu Partner fails to settle the corresponding claim against Jaywalker despite a request and reasonable measures taken by Jaywalker for enforcement, Jaywalker may reclaim or offset an amount of this size from the Stu Member. Jaywalker will notify the Stu Member of this in an appropriate form, e.g., via the Stu app. In the Stu app, Jaywalker can also display an overview of anticipated cashbacks, eligible transactions, and refunds. Such a display is for informational purposes only, is provided without guarantee, and is non-binding.
3.7. An up-to-date overview of the Stu partners and the Stu discounts will be brought to the Stu member's attention in an appropriate form, e.g., via the Stu app. This information is non-binding and without guarantee. The offers of Stu partners can change at any time and without prior notice, as can the cashbacks and Stu discounts; Jaywalker can also suspend cashbacks and Stu discounts from Stu partners at any time for good reasons (e.g., in case of suspected abuse). If a Stu partner leaves the «Stu» value-added program, any claim to a cashback or Stu discount expires at that point, even if a card transaction has already been made.
3.8. A prerequisite for the credit of a not yet paid out cashback is that the payout account still exists at the time of payout to the Stu member. In the event of an account settlement with effect prior to this payout date, there is no claim to the cashback accrued since the last payout. In the event of a chargeback of a transaction, Jaywalker is entitled to reclaim a cashback already paid out from the Stu member.
3.9. The transaction time according to the final booking of the card transaction, as transmitted by the bank to Jaywalker, is relevant for the calculation of the cashback. For foreign currency and international transactions, the Stu discount is calculated based on the amount in CHF debited to the private account linked to the Stu debit card.
3.10. If a payment made by the Stu member via the Stu debit card is fully or partially reversed or cancelled for any reason whatsoever, the corresponding cashback claim also expires accordingly, and Jaywalker may reclaim the cashback if it has already been paid out.
3.11. A cash payout of the Stu discount or cashback is excluded.
3.12. Stu discounts or cashbacks are only granted on transactions that serve the Stu member's personal, own use and only those that the Stu member themselves makes with the Stu debit card (no card transfer to third parties). Unlawful or otherwise improper use of the Stu debit card, the Stu app, or other offers and means of Jaywalker and the Stu partners, e.g., exploiting a system error to the detriment of Jaywalker or a Stu partner, are prohibited. Transaction data may be evaluated by Jaywalker based on indications of such and other violations of these provisions or other abuses. Jaywalker reserves the right, in case of indications of such cases or irregularities, to conduct investigations and to punish any potential abuse, which may lead to exclusion from the «Stu» value-added program. The Stu member authorizes the Stu partners to provide relevant information. Jaywalker may communicate its findings and especially cases of suspected abuse to the bank according to Clause 2.1.
4.1. Jaywalker does not guarantee a successful card transaction at the Stu Partner. If, for any reason, a card transaction cannot be made at the Stu Partner or if the card transaction is not transmitted to Jaywalker within a reasonable time, there is no claim to the Stu discount.
4.2. Jaywalker is not liable for fully or partially defaulted payments by Stu partners in connection with card transactions and cashbacks. If a Stu partner does not pay the Stu discounts to Jaywalker, Jaywalker is not obligated to refund the Stu member or may reclaim or offset a payment already made.
4.3. Claims for damages or other claims against Jaywalker in connection with the cashback are excluded as far as permissible. Although Jaywalker endeavors to be able to refund cashbacks, the risk that an expected cashback will not be paid out despite the promotion of a Stu discount (by the Stu partner or otherwise) remains with the Stu member.
4.4. Furthermore, the provisions regarding warranty and liability disclaimers in the GTC-M apply.
Applicable law and jurisdiction are governed by the provisions of the GTC-M, as is the amendment of these Cashback Conditions.
Version 03/2024