Terms and conditions

Version 4 of June 12, 2019

 

As of February 8, 2019, all rights and obligations outlined in this Agreement, in favour of, respectively borne by Tradeads Interactive S.R.L., have been entirely taken over by Virtual Cards S.R.L. As of this date, the administrator of VirtualCardsApp.com site is Virtual Cards S.R.L.

 

PLEASE CAREFULLY READ THIS AGREEMENT ("THE AGREEMENT") REGARDING THE TERMS FOR PROVIDING AND USING THE VIRTUAL CARDS MANAGEMENT SERVICES AND MERCHANT OFFERS ADVERTISING SERVICES VIA WEBSITE WWW.VIRTUALCARDSAPP.COM AND / OR VIA VIRTUAL CARDS MOBILE APPLICATIONS AVAILABLE IN APP STORES SUCH AS GOOGLE PLAY FOR ANDROID OPERATING SYSTEMS AND APPSTORE FOR APPLE IOS OPERATING SYSTEMS BEFORE USING THE SERVICES PROVIDED BY VIRTUAL CARDS S.R.L. ("THE COMPANY"). ANY USE OF THE SERVICES PROVIDED BY VIRTUAL CARDS S.R.L REPRESENTS YOUR FULL AGREEMENT OF ALL PROVISIONS OF THIS AGREEMENT. IN CASE YOU DO NOT AGREE TO THE TERMS AND CONDITIONS PROVIDED IN THIS AGREEMENT, YOU WILL IMMEDIATELY STOP ANY AND ALL USE OF THE ABOVE-MENTIONED SERVICES.

Accepting the Agreement is expressly conditioned by the consent you give to all terms and conditions of this Agreement, clearly excluding any other terms and conditions.

AGREEMENT

regarding the terms and conditions

for providing and using the virtual cards management services and advertising services for the Merchant offers provided using the Site and the Application

 

"User" – any person that accesses the Service through Virtual Cards mobile application ("Application").

"Merchant" - the person that accesses the Service through the web platform https://www.virtualcardsapp.com ("The Site").

"The Company" - VIRTUAL CARDS S.R.L., with the headquarters in 3-5 Pierre de Coubertin Bd., Office Building, 3rth floor, 3A, District 2, registered in the Trade Register under no. J40 / 1213/2019, with the unique registration code RO40553964.

The virtual cards management service and merchant offer advertising service (the "Service") allow Users to register and manage their loyalty cards and to activate discount coupons to benefit from discounts offered by merchants.

The Service and all the webpages within the Site and the Application, except as otherwise indicated, are owned and operated by The Company and accessed by you under the following terms and conditions:

 

1. Accessing the Services

1.1. The Company provides virtual cards management services and advertising services of the Merchant offers, according to the provisions of this Agreement and to the explanations provided on the Site and in the Application. The Company provides the Service subject to the User's compliance with the provisions of this Agreement.

1.2. To the maximum extent permitted by law, The Company may modify, suspend, or interrupt at any time the provision of the Services and/or User's access to them, in whole or in part, including the availability of any item related to the Services, without notice. To the maximum extent permitted by law, The Company reserves the right, in accordance with its own discretionary option and without being obliged to justify in any way, to refuse to grant access the Services to any person at any time.

1.3. The User which is a natural person represents to the Company that he/she is at least 16 years old by simply accepting this Agreement.

1.4. By way of accepting this Agreement, the User certifies that under legal provisions and/or statutes, they have the right to use the Services and access the pages of the Service and assumes full responsibility for choosing and using the Service.

 

2. Registration and security

2.1 The Application is available in online distribution platforms and can be installed for free by Users. The use of the Application is not conditioned by creating a user account, but we strongly recommend that in order to benefit from the Services offered by the Company to the maximum extent possible. In case the User decides to create an account, The User will provide The Company with correct, complete, current and valid data because otherwise it will be considered a violation of the provisions of this Agreement, which may result in the immediate termination of their User account.

2.2. Users are forbidden: (a) to use as a username the name of another person with the intent to fraudulently use their identity; (b) the use as a username of a name for which the rights are held by a person other than the User, without the explicit authorization of that person. Whenever the Company appreciates the User is in breach of the above, The Company will have the right to refuse to register any such new account or cancel any and all already existing user names and related accounts, according to its own option, which cannot be censored in any way by another person, and without being held to justify the reasons.

2.3. The User will be solely responsible for maintaining the confidentiality of their password and maintaining the security of their own account. The Company is entitled to consider that any person that provides a correct password and username to the account is authorized by the User and the Company is not responsible for any action that person could do regarding the use of the Services.

 

3. Information note regarding personal data protection

3.1 According to the requirements of the legislation on personal data protection, for the protection of individuals regarding the processing of personal data and the free movement of the data, amended and completed, and of Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, The Company will manage the personal data provided by Users in safe conditions and only for the specified purposes.

We inform you that personal data that Users provide to the Company are processed in order to provide the Service under optimal conditions. Users understand and accept that the personal data provided by them are processed for the purpose of the optimal provision by The Company of the following services: services over the Internet, advertising and marketing services, online loyalty card management services and/or provision of goods and services.

3.2. Each User, at his own option, provides some of his personal data to create a valid account and to benefit from the Service provided by The Company.

3.3. When creating an account, each User has the option of receiving information about products, services, events etc. offered within The Service by checking the appropriate box on the account creation page.

For more information on personal data protection, please see the Privacy Policy.

 

4. Limitation of liability

4.1. Merchants whose offers (discount coupons) are displayed and promoted in the Application assume full responsibility for all information published in connection with such offers in the Application, including, but not limited to those relating to products and services offered at a discounted price, at their cost, at discounts granted. The Company undertakes no responsibility for the quality of the products and services offered by The Merchants to the Users. The Merchant whose offer is promoted in the Application assumes the full responsibility for providing it to Users.

4.2. The User understands and accepts that through the Services, The Company solely provides an online virtual card management platform for the User and for the promotion of merchant offers, thus, to the maximum extent permitted by law, the Company has no liability or responsibility for, but not limited to, the following: Users accessing the Services; the content of files submitted by Users to The Company; the entities that have issued the virtual cards, the information received by Users following the use of the Services; optimal operation of the equipment that the User has installed / used The Application on (including integrated G.P.S.); any consequences that may result from the above; the actions that may or may not be performed by any User or any person as a direct or indirect result of the use of the Services. To the maximum extent permitted by law, The Company cannot be held liable for any actions of the User or for the use in any way of the Services or any other activity regarding the Services. The User uses the Services on his own responsibility and at its own risk. The User will make usage of any information received through the Services at their own risk.

4.3. To the maximum extent permitted by law, The Company does not warrant implicitly or expressly for the provision of the Services. The Company will make all reasonable efforts to ensure accuracy and trust in the Services and will attempt to correct errors and omissions as quickly as possible.

4.4. The Services and The Application are made available to Users under the "as is" principle, “as available" without warranty of any kind, express or implied, and, to the maximum extent permitted by law, without any liability thereof for The Company. The Company does not warrant in any way or to any extent that the Services are fit for a purpose, and the User assumes all risks and full legal liability in connection with them. Explicitly, Users understand and accept that The Company is held harmless to the maximum extent permitted by law against any responsibility regarding any direct, indirect, incidental or consequential damages resulting from the use of the Service or any other matter thereof related to the Service, as well as related to the use of The Application in any way or any legal consequences thereof.

4.5. Users understand and accept that The Company held harmless against any liability in the event of any termination, interruption, inconvenience, malfunction or error in the operation of the Services and The Application, in the event of a technical error of any kind or any error in the provision of the Service, as well as in any situation where it would not be certain that any errors or technical problems of the above mentioned are due directly and exclusively to the serious fault of The Company. In case of force majeure, The Company and/or collaborators, operators, directors, employees, branches, subsidiaries and their representatives are totally exonerated from liability. Cases of force majeure include, but are not limited to, technical equipment malfunctions, lack of Internet connection, lack of telephone connections, computer viruses, computer attacks and interference with malicious software, unauthorized access to Site systems, operating errors, strike etc.

 

5. Amendments of the Agreement

The Company reserves the right to change any provision of this Agreement at any time by posting a notice on the Site or by transmitting a notice via email or by post. If The User continues to use the Services after posting the amended Agreement on the Site, after the notice is posted or transmitted, the amended version of the Agreement is deemed full and unconditional accepted by the User.

 

6. Site and Application Content

6.1. The Site, The Application and all of their Content, including those relating to the provision of the Services, are protected under the Romanian Copyright Law and are specifically created for being used by Users within the Services and with the authorization of the Company, only in strict observance of the provisions of this Agreement. All materials and information available on the Site and Application, including but not limited to the Content and graphic elements of the Site, all text content, as well as the technical sources of all present and future services and facilities, unless expressly designated otherwise, belong to The Company or its affiliates and represents the Content of the Site, and all rights over them (including copyright) also belong to The Company or its affiliates, as the case may be. The term "Content" includes specifically the websites that are related to the provision of the Services, in their entirety and any component thereof, including, but not limited to the web applications used for the provision of the Services, images, text, design. The Content, regardless of its location and type, may be used solely for the purposes provided in this Agreement and only in strict compliance with the terms and conditions outlined in this Agreement. Any use of the Content and/or Services by third parties for other purposes than those provided for in this Agreement is permitted only with the express, prior written consent of the legal representative of The Company. Therefore, it is forbidden to copy, download, reproduce, publish, transmit, sell, share - partially, entirely or modify - the Content or any part thereof, for any purpose other than for the use of the Services under the Agreement. The Company reserves the right to bring to court any person and/or entity that violates the above provisions in any way.

6.2. The User will fully comply with all laws and regulations regarding copyright and related rights, as well as with any notices and restrictions regarding any Content accessed in connection with the Services.

6.3. Any person who delivers in any way information or materials to The Company undertakes not to infringe in any way the copyright that a third person may claim in connection with the materials and information transmitted, and anyone who delivers in any way information or material understands and accepts that any breach in any way of this obligation cannot in any way engage the responsibility of The Company, but only the responsibility of those persons. The User who provides materials/information to The Company warrants and represents that he does not breach and has not breached any legal or contractual obligations to any third person or any rights that may be claimed by them, including but not limited to confidentiality obligations.

6.4. Users who transmit in any way information or materials to The Company according to the above, agree to grant a non-exclusive, perpetual and on all territories license to the Company, upon the submission of such materials/information; the license is granted for all rights to use, adapt, modify and/or retransmit the content with which they transmit or post on the Site or in the Application. The Company cannot be held liable for any damages caused by the content posted on The Application by any person, regardless of which section, service, or facility the content belongs to.

 

7. Link to other sites

Users understand and accept that The Application may contain links or references to other websites that are considered by The Company to be useful in connection with the Content but which are not under its control or guidance. The Company is held harmless against any liability whatsoever arising in connection with the content or opinions expressed on all the webpages mentioned above, as well as in connection to their correctness and accuracy. Users understand and accept that these websites are not monitored, controlled, or verified in any way by The Company. The inclusion of a link or references to other webpages does not imply endorsement by The Company in any way. When Users access these webpages, they do so at their own risk, knowing that the use of the services provided by these third parties is subject to the conditions set by them.

 

8. Termination of the Agreement

8.1. The Company may cancel, terminate or suspend any or all Services or access to The Application without prior notice if it considers that the User breaches in any way or in any manner any of the terms and conditions of this Agreement.

8.2. In any event that the User's account is terminated, including in case of cancellation by The Company in accordance with the above, the User will immediately cease to use the account in the Application. All provisions of this Agreement that, by their nature, continue to produce effects after its termination, include, but are not limited to warranty disclaimers and limitations of liability.

 

9. Other clauses

9.1. If either party temporarily waives the exercise of any of the rights provided for in this Agreement, such waiver shall not be deemed to be a definitive waiver of that right.

9.2. If any provision of this Agreement is declared null and void, that provision shall be removed and replaced by another provision in the same spirit, so that this Agreement shall further produce the legal effects originally envisaged.

9.3. The rights or obligations outlined in this Agreement may not be transferred in any way by the User to third parties unless there is prior, explicit, and written consent of The Company in this regard.

9.4. The Company may at any time assign to a third party the rights and obligations arising from this Agreement, including the assignment to a third party of the contract (the Agreement) and the User consents in advance to this assignment, according to Article 1315 and the following in the Civil Code. For avoidance of any doubt, Users agree in advance to the substitution of The Company with a third party, in the relationships between the Company and Users under the Agreement.

9.5. The Parties agree that any dispute arising in connection with this Agreement or the provision of the Services will be settled by the competent court in Bucharest. The law applicable to the Agreement is Romanian law.

9.6. This Agreement does not intend to create an association or partnership between the User and The Company as a result of this Agreement, and the User has no authority of any kind to engage The Company in any way under this Agreement.

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