Terms and conditions
Version 3 of February 8, 2019
As of February 8, 2019, all rights and obligations set forth in this Convention in favor of, respectively, the Tradeads Interactive S.R.L. have been fully taken over by Virtual Cards S.R.L. Starting this date, the VirtualCardsApp.com site administrator is Virtual Cards S.R.L.
YOU ARE KINDLY ASKED TO CAREFULLY READ THIS AGREEMENT (“AGREEMENT”) REGARDING THE CONDITIONS FOR PROVIDING AND USING THE MANAGEMENT SERVICES RELATED TO VIRTUAL CARDS AND PROMOTING SERVICES FOR THE MERCHANT OFFERS BY MEANS OF THE WEBSITE WWW.VIRTUALCARDSAPP.COM AND / OR BY MEANS OF THE VIRTUAL CARDS MOBILE APPLICATIONS AVAILABLE IN APP STORES SUCH AS GOOGLE PLAY FOR ANDROID OPERATING SYSTEMS AND APPSTORE FOR APPLE IOS OPERATING SYSTEMS (HEREINAFTER COLLECTIVELY REFERRED TO AS „VIRTUAL CARDS”), BEFORE USING THE SERVICES PROVIDED BY VIRTUAL CARDS S.R.L. (“THE COMPANY”). ANY USE OF THE SERVICES PROVIDED BY THE COMPANY REPRESENTS YOUR FULL CONSENT OF ALL PROVISIONS OF THIS AGREEMENT. IN CASE YOU DO NOT AGREE TO THE TERMS AND CONDITIONS PROVIDED IN THIS AGREEMENT, YOU WILL IMMEDIATELY CEASE ALL USE OF THE AFOREMENTIONED SERVICES.
Accepting the agreement is expressly conditioned by the consent you give in relation to all terms and conditions of this agreement, clearly excluding any other terms and conditions.
regarding the terms and conditions
for providing and using the management services related to virtual cards and promoting services for the merchant offers provided by means of Virtual Cards
The virtual cards management service and the promotion services for merchant offers („Service”) allows the users of the Site to
(a) Register and manage the loyalty cards they own, as well as to activate discount coupons in order to benefit from discounts granted by merchants
(b) Manage offers and loyalty cards issued as merchants.
The Service available by means of Virtual Cards (the Site) and by means of all of the web pages within the Site and the Virtual Cards mobile application (Application), which are related to the provision of this service, except for those otherwise indicated, are owned and operated by the Company and are accessed by you under the following terms and conditions:
1. Accessing the Services
1.1. The Company provides virtual cards management services and promotion services for merchant offers in accordance with the provisions of this Agreement and with the explanations provided on the Site and in the Application. The Company provides the Service subject to compliance by the User with the provisions of this Agreement. The “User” means any individual, including yourself, who uses the Services / accesses the web pages which are related to the use of the Services, including both individuals who own loyalty cards and merchants who issue cards.
1.2. The company may modify, suspend or discontinue, at any time, the provision of the Services and/or the access of the User to said Services, fully or partially, including the availability of any element in relation to the Services, without any notice. The Company reserves the right to decline the access to the Services to any person, at any time, at its sole discretion and without the need to provide justification.
1.3. The User, private individual, certifies to the Company that he/she is at least 16 years old by simply accepting this Agreement.
1.4. The User certifies, by simply accepting this Agreement, that according to the legal and/or statutory provisions, he/she has the right to use the Services and access the pages related to the Services and undertakes full responsibility for choosing and using the Service.
2. Registration and Security
2.1. As a condition of using the Services, the User is requested to apply for registration in the Company’s database, and to choose a password and a username. The User shall submit to the Company accurate, complete, current and valid information, otherwise it shall be deemed that the User tried to violate the provisions of this Agreement, which will result in the immediate termination of the User account.
2.2. Users are not allowed to: (a) use as username the name / designation of another individual with the intent to fraudulently use the respective identity; (b) the use as a username the name for which the rights are held by another individual other than the User, without the explicit authorisation of said individual. The Company will have the right to reject the registration or cancel all usernames and related accounts on the Site, each and every time it considers that this situation may occur, at its sole discretion, and cannot be censored in any way by any other person and without being held to justify the reasons for this action.
2.3. The user will be solely responsible for maintaining the confidentiality of the chosen password and maintaining their account security. The Company is entitled to consider that any person who provides a correct password and username to access an account is authorised by the respective User and the Company is not liable for any action of that person in relation to the use of the Services.
3. Information note regarding personal data protection
3.1. According to the provisions of the legislation on the protection of personal data, concerning the protection of individuals with regard to personal data processing and the free movement of such data, amended and supplemented, and the provisions of the Law no. 506/2004 concerning the processing of personal data and privacy in electronic communications, the Site administrator will safely manage, and only for the specified purposes, the personal data provided by the Users. We inform you that the personal data provided by the Users to the Site Administrator are processed in order to provide the Service in optimum conditions. The Users understand and accept that the personal data they provide to the Site Administrator are processed in order to provide optimum conditions of the web services, advertising services, marketing and publicity services, online loyalty card management, and/or deliver goods and services.
3.2. Each User, at its sole discretion, provide some of their personal data in order to create a valid account and to benefit from the service provided by the Site Administrator.
3.3. When creating an account, each User has the option to choose to receive information regarding the products, services, events etc. provided by the Site by ticking the appropriate check box on the account creation page.
4. Conditions of provision, limitations and obligations related to the Services
4.1. Services include the listing of the virtual card issued by the merchant on the Site, in the dedicated section and in the mobile applications available in the application stores such as Google Play for Android operating system and Appstore for Apple iOS operating system. Depending on the purchased service package, the merchant (a) can send messages to the users of the virtual card issued by the merchant or newsletters to all users subscribed to the Site via the account administration panel; (b) allows the Company to register virtual cards in its name and on its behalf by assigning to the Site Users series of loyalty cards as a result of the requests received from them, with the obligation to take all data and information provided by the Company, as they were collected via the virtual card assignment form and to carry out all formalities required for enrolling such Users in the loyalty program.
4.4. The merchant has the obligation to inform Users of the processing operations he performs, when he collects the data.
4.5. The User is responsible for his/her entire activity on the Services or in connection thereof. Any attempt by any User to fraudulently, abusively or illegally use the Services or any attempt by any User to use the Services against the provisions of this Agreement or interests of the Company or any other persons grants the Company the right to discontinue or suspend for a period decided by the Company on its sole discretion the right of the User to fully or partially use the Services or to access the Site.
4.8. The merchant will support and assist the Company, at its express request, in fulfilling the obligation to respond to the requests for the exercise of the data subject's rights with respect to personal data, namely: the right of access, rectification, erasure and opposition, the right to limitation processing, the right to data transferability, the right not to be subject to an automatic individual decision (including the profile).
4.9. The merchant communicates to the Company the name and contact details of the Data Protection Officer, if he has appointed one according to Art. 37 of the European Data Protection Regulation.
5. Fees and payments
5.1. Taking into account that some Services are provided against payment, the User undertakes to pay the Company all applicable fees for such Services, according to the conditions stipulated on the Site in the Price list in relation to the Services selected by the User. The fees in the Price list are expressed in EUR and do not include VAT.
5.2. The fees for the Services are determined based on facilities / services included in each package, according to the information available on the Site in the Price list.
5.3. The Company reserves the right to change the fees for any of the Services and to establish new fees at any time, at its sole discretion. Any modification of fees will become applicable immediately after the notification in this regard of the User (via e-mail or by posting it on the Site, at the Company’s discretion). For the Users who have paid the Services in advance, the modification of fees becomes applicable when expiring the period for which the Users have paid the Services or when acquiring another package of Services. The User is obligated to regularly check the fees stipulated in the Price list.
5.4. The following rules apply for the transfer from the User to the Company of fees for the Services provided to the User: (a) The User will transfer in advance to the Company the value of the Services based on the invoice issued by the Company; the User will not receive services before the amount corresponding to the services package of the User is effectively transferred to the Company; the payment of the amount is considered made only when the Company’s bank account will be credited with that amount, and the bank will have confirmed the operation by a bank statement or any other similar banking document issued to the Company, unless otherwise agreed between the Company and the User; (b) The User understands and accepts that the repayment by the Company of the amounts paid by the User to the Company for the services provided, regardless of the reason given or the amount, is not possible. If the payment obligation is not executed, the Company can suspend the provision of the Services, if provision has already begun, until the full payment of the invoiced amount; the Company can exercise any of the rights stipulated in its favour in this Agreement.
5.5. The User understands and agrees to pay all applicable duties and taxes or any other charges imposed under the applicable legal provisions related to the use of the Services by the User, as well as any commissions or charges of any kind provided on the Site or due in any way in relation to the amounts transfer under any title to the Company.
6. Limitation of liability
6.1. The User understands and accepts that by means of the Services, the Company only provides an online platform for managing the virtual cards of the Users and promoting the merchant offers, and, as a consequence, has no obligation nor responsibility regarding the following, but not limited to: the Users who access the Services through the Site; the content of the files sent by the Users to the Company; the entities that issued virtual cards, the information received by the Users from using the Services, the optimal operation of the equipment on which the User has installed / uses Virtual Cards (including integrated GPS); any consequence that may derive from those mentioned above; actions which may / may not be performed by any User or any individual, as a direct or indirect result of using the Services. The Company cannot be held liable in any way or to any extent for any action taken by the User nor for use in any way of the Services or any other activity in connection with the Services. The User uses the Services at its own risk. Any information provided through the Services is used by the User at its own risk. The merchants whose offer (discount coupons) are displayed and promoted in the Application undertake full liability with regard to the information published in connection thereof in Virtual Cards, including those relating, but not limited to products and services supplied or provided at a discount price, to their price, to the discounts. The Company does not undertake any liability regarding the quality of the products and services supplied or provided by the merchants to the Users of the Virtual Cards. The merchant whose offer is promoted in Virtual Cards undertakes full liability for providing this offer to the Users of the Virtual Cards.
6.2. The Company does not implicitly or expressly guarantee for the provision of the Services. The Company will make all reasonable efforts to ensure the accuracy and confidence in the Services and will try to correct errors and omissions as quickly as possible.
6.3. The Services and the related web pages are made available to the Users on “as is”, “as they are available” basis, without any implicit or express guarantee, and without any liability of the Company in connection thereof. The Company does not guarantee in any way or to any extent the results of using the Services and the Users undertakes all risks and full legal liability in connection thereof. The Users expressly understand and accept that the Company is exempted of any liability for any direct, indirect damages, or damages resulted from the use of the Service or any other matter in connection with the Service, as well as from the use of the pages relating to it in any way and any legal consequences deriving in connection thereof.
6.4. The Users understand and accept that the Company is exempted of any liability in the event of any downtime, outage, disturbance, failure or error in the operation of the Services and related web pages, in the event of a technical error of any kind or any errors during the provision of the Services, as well as in any situation in which it would not be possible to certainly prove that any error or technical issue of those mentioned above is due directly and exclusively to gross negligence of the Company. In cases of force majeure, the Company and / or collaborators, operators, managers, employees, branches, subsidiaries and its representatives are completely exempted of any liability. Cases of force majeure include, but not limited to, errors in operating the technical equipment of the Company, lack of Internet connection, lack of telephone lines connection, computer viruses, cyber-attacks of any kind and the interference with malicious software, unauthorised access in the Site’s systems, operation errors, strike etc.
7. Agreement Amendment
The Company reserves its right to amend any provision of this Agreement, at any time, at its sole discretion, and without being held to justify in any way by posting a notice on the Site or submitting a notification via e-mail or mail. The further use of the Services by the User, after the posting of the amended Agreement on the Site, posting of the notice or submitting the notification represents a full and unconditional acceptance by the User of such amendments to the Agreement.
8. Site content
8.1. The Site and its entire content, including the content in connection with the provision of the Services, are protected by the Romanian law on copyright and are designed specifically for use by the Users on the occasion of using the Services, and may be used with the Company’s authorisation only in strict compliance with the provisions of this Agreement. All materials and information available on the Site, including, but not limited to the content and graphics elements of the Site, all content in text format, as well as the technical sources of all present and future services and facilities, unless it is expressly mentioned another owner, belong to the Company and represent the Content of the Site, and the rights (including copyrights) related thereof belong to the Company. The term “Content” especially includes the web pages which are related to the provision of the Services, in their entirety and any component thereof, including, but not limited to web application used to provide the Services, images, text, design. The content of the Site, regardless of where it is located on the Site and regardless of its type, can be used only for the purposes set forth in this Agreement and only in compliance with the terms and conditions provided in this Agreement. Any use of the Site content and / or the Services by third parties for other purposes than those provided in this Agreement can be made only with a written, express and prior consent of the legal representative of the Company. Thus, it is prohibited to copy, download, reproduce, publish, transfer, sale, distribute partially, fully or modified the content of this Site or of any part thereof for other reasons than to use the Services in compliance with the Agreement. The Company reserves the right to sue any person and / or entity that violates in any way the aforementioned provisions.
8.2. The User shall fully comply with all legal provisions on copyrights and related rights, as well as with any notification and restriction related to any content accessed in connection with the Services.
8.3. Any person who sends in any way information or materials to the Site undertakes the obligation not to infringe in any way the copyrights a third party might invoke in connection with the materials and information submitted in any way to the Site, and the persons who submit in any way information or materials understand and accept that breaching in any way this obligation cannot in any way incur the liability of the Site Administrator, but only the liability of such persons. The Users who provides materials / information to the Site Administrator represents and warrants that they are not breaching and have not breached by this action any legal obligation or contractual obligation to any third parties or entities or any rights they might invoke, including, but not limited to confidentiality obligations.
8.4. Users who send in any way information or materials to the Site agree to assign non-exclusively, perpetual and on all territories, when submitting them to the Site Administrator, all rights to use, adapt, modify and / or resend the content the User contributes with or posts on the Site. The Site Administrator cannot be held responsible for any damages caused by the content published on the Site by any person, regardless of the section, service or feature the respective content is a part of.
9. Connection to other sites
The Users understand and accept that the Site may contain links or references to other web sites, which are deemed relevant by the Company in connection with the Site content, but which are not under the Company control or guidance. The Company is exempted of any liability regarding the content or opinions expressed on all aforementioned web sites, as well as their correctness and accuracy, and the Users understand and accept that these web sites are not monitored, controlled or verified in any way by the Company. The inclusion of a link or reference to other web sites does not imply an endorsement thereof in any way by the Company. When the Users access these web sites, they do so at their own risk, knowing that the use of the services provided by these sites is subject to the conditions set by the administrators of these sites.
10. Termination of the Agreement
10.1. The Company may terminate or suspend any or all Services or access to the Site, without any prior notice, if the Company considers that the User breaches in any way or to any extent any of the terms and conditions of this Agreement.
10.2. In any situation in which the User account is terminated, including in the case of termination by the company according to the above, the User will immediately cease to use the account on the Site. All provisions of this Agreement which, due to their nature, continue to be effective after termination thereof, include, but not limited to disclaimer of warranties and limitation of liability.
11. Other clauses
11.1. If either party will temporarily no longer exercise any right of those provided in this Agreement, this waiver cannot be regarded as a permanent waiver of such right.
11.2. If any provision of this Agreement will be declared invalid, such provision will be removed and replace with another provision in the same spirit, so this Agreement can continue to produce the legal effects envisaged initially.
11.3. The rights or obligations provided in this Agreement cannot be transferred in any way by the User to third parties, unless there is a prior and express written consent of the Company in this regard.
11.4. The Parties agree that any dispute arising in connection with this Agreement or the provision of the Services will be referred to the competent law court at the Company’s headquarters. The applicable law is the Romanian Law.
11.5. This Agreement does not take into consideration the creation of any association or any partnership between the User and the Company as a result of this Agreement and the User have no authority to bind the Company in any way based on this Agreement.
11.6. The Company may at any time assign to a third party the rights and obligations arising from this Convention, including the assignment to a third party of the contract (the Convention), and the User consents to this assignment in advance, 1315 and the following in the Civil Code. In order to remove any doubt, Users agree in advance to substitute the Company with a third party in the relationships born between the Company and Users under the Convention.