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 TRADEADS INTERACTIVE 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.
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:
1.1. 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.
2.1. 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.
3.1. 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.
4.1. 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.
5.1. 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.
6.4. 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
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.
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.
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.