Terms of Use
This web site, www.cardmobili.com (“Cardmobili Web Site”), is operated by Cardmobili, S.A. (“Cardmobili”). These Terms of Use set forth the general terms and conditions of your use of the Cardmobili Web Site and the information, materials, products and services (collectively, the “Services”) found at this site, and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services you access through the Cardmobili Web Site.
You are only authorized to access the Cardmobili Web Site and to use the Services contained in the Cardmobili Web Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an agreement between you (a “User”) and Cardmobili. If you do not agree with them, you should leave the Cardmobili Web Site immediately.
As Cardmobili develops the Services and adopts new technologies to improve the Services, it is possible that these Terms of Use may change. These Terms of Use may also change for other reasons. Therefore, Cardmobili advises all Users to read these Terms of Use on a regular basis. This document is complemented by our "Privacy Policy", which should also be read regularly.
These Terms of Use are organized in the following chapters:
General Overview
The Services.
At its core, the Services allow Users to register and manage certain “Loyalty Cards” via the Cardmobili Web Site. A “Loyalty Card” is defined as an identification card, issued by a retailer to a consumer, with which such consumer accumulates and/or receives points, credits, discounts and/or other benefits on (or related to) purchases. For purposes of these Terms of Use, a Loyalty Card does not include such an identification card that is associated with and/or tied to a credit, debit or other financial account. The User may register Loyalty Cards that are issued to him/her by retailers that are marketing partners of Cardmobili and retailers that are not marketing partners of Cardmobili. The User is solely responsible for all of the information that he/she provides to Cardmobili as part of the registration process or otherwise, and all his/her activity on the Cardmobili Web Site. In this regard, User represents that all information that he/she submits is accurate, current and complete and that he/she will keep his/her information accurate, current and complete.
Access.
In order to use the Services, the User must create an account by providing a valid email address and a password. The User is the only and exclusive party responsible for the maintenance and confidentiality of this password and access to the associated account. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure. You must be 18 years or older and have reached the age of majority in the jurisdiction in which you reside in order to create an account and to use the Cardmobili Web Site and the Services. The User also agrees not to use the access information and/or the account of any other Cardmobili User.
Privacy and Confidentiality.
Cardmobili will not share or sell the Personal Information (as the term is used in the Cardmobili Privacy Policy) of a User to third parties unless such User expressly consents to such sharing or selling, or if such sharing or selling is otherwise permitted pursuant to the Cardmobili Privacy Policy. All Personal Information will be kept confidential and safely protected, consistent with our Privacy Policy.
Acceptance.
By using the Cardmobili Web Site or the Services, the User agrees to accept the current Terms of Use and Privacy Policy. If any of the requirements of the Terms of Use (or any future changes to the Terms of Use) are unacceptable to you, you may cancel your registration by sending an email to info@cardmobili.com stating your wish to cancel your account. Your continued use of the Cardmobili Web Site or the Services now, or following the posting of notice of any changes in these operating rules, will indicate acceptance by you of such rules, changes, or modifications.
Cardmobili's Terms of Use
User Provided Content.
When using the Cardmobili Web Site or the Services, including when User submits, posts or otherwise provides information, material and content (e.g., text, data, images, programs, etc.) to Cardmobili and/or in the Cardmobili Web Site ("User Provided Content"), the User will comply with all applicable federal, state and local laws. The User will also act in good faith, and use the Services in a way that neither his actions nor his/her User Provided Content will offend any third party rights including, but not limited to, (i) attacking others with respect to race, nationality, ethnic origin, religion, political belief or gender, or (ii) violating any third party's publicity rights, copyrights, rights of privacy or other intellectual property rights. Cardmobili is not the publisher or author of User Provided Content and Cardmobili may not screen User Provided Content before it is posted. However, Cardmobili reserves the right to edit, redact or delete User Provided Content. Any alleged or actual fraudulent, abusive or otherwise illegal activity (e.g., obscene content, repeated copyright infringement, etc.) may be grounds for termination of your account at Cardmobili's sole discretion, and Cardmobili may refer you to appropriate law enforcement agencies.
Commercial usage prohibition.
The User may only use the Cardmobili Web Site and the Services (and any related content, information, and material) for personal, non-commercial usage. It is strictly forbidden for you to publish, reproduce, modify, change, broadcast, distribute or make the Cardmobili Web Site or the Services (and any related content, information and material) accessible to other parties in any way, namely by making them available in other web sites, online services, bulletin boards or message boards, or paper copies unless you have obtained the prior written consent of Cardmobili or unless it is expressly permitted by terms stated by Cardmobili in the Cardmobili Web Site.
Liability.
It is strictly forbidden for a User to create, introduce, or advise others to create or introduce, any type of virus or malware to the Cardmobili Web Site or which impacts the Services, which could (or will) cause damage or other harmful effects. The content of the Cardmobili Web Site is only meant for informative purposes. Therefore, no information, material or content contained in this web site shall constitute advice, or substitute for professional advice. Consistent with the "Limitation of liability" section herein, Cardmobili will not be held responsible for any damages or losses, direct or indirect, suffered by any User or other party regarding the information, material or content contained within (or referenced or linked to) the Cardmobili Web Site. The User is the only and exclusive party responsible for any damages, direct or indirect, that he/she may have caused to himself, Cardmobili or any other party, related to his/her usage of the Cardmobili Web Site or the Services.
Content authorization.
By using the Cardmobili Web Site, the Services and/or submitting, posting or otherwise providing User Provided Content, User authorizes, without payment or other consideration of any kind, (and grants Cardmobili a non-exclusive, royalty-free license for) Cardmobili to display, publish and/or commercially exploit any such User Provided Content in Cardmobili's Web Site and in connection with the provision of Services, in perpetuity, as long as such is done in accordance with Cardmobili’s Privacy Policy. The User also represents and warrants the following to Cardmobili:
The User has all rights necessary to provide Cardmobili with the above described authorization either: (i) because the User is the owner of such rights and has the right to distribute the same, or (ii) because the User has all of the necessary distribution rights, licenses, consents and/or permissions from the owner of such rights (including satisfaction of any due payments to such owner).
There are no threatened, pending and/or existing claims, conditions or commitments involving the User Provided Content or the User (including, but not limited to, judicial actions) that may prohibit, limit or hinder in any way (i) the use of the User Provided Content as contemplated in these Terms of Use, or (ii) the User's compliance with these Terms of Use.
Software.
Any software available to be transferred from Cardmobili’s server ("Software") is copyrighted by Cardmobili. The use of this Software is subject to the terms in the applicable end-user license agreement, that is supplied with the Software ("License Agreement") and these Terms of Use. User cannot install any Software supplied, or that includes, a License Agreement, unless (and until) he/she agrees to the terms of such License Agreement. In the event that there is an inconsistency between the term(s) of an applicable License Agreement and the term(s) of these Terms of Use, then such term(s) of the License Agreement shall supersede such term(s) of these Terms of Use.
The Software shall be provided for User's usage as set forth in the terms of the applicable License Agreement. Any reproduction or redistribution of the Software (or anything related thereto) not done in accordance with the applicable License Agreement is strictly forbidden by law and is subject to criminal and/or civil prosecution.
CARDMOBILI MAKES NO WARRANTIES WITH RESPECT TO THE SOFTWARE AS SET FORTH BELOW UNDER THE HEADING, "WARRANTIES" EXCEPT FOR THE WARRANTIES, IF ANY, MENTIONED IN THE APPLICABLE LICENSE AGREEMENT.
Cookies.
The website may use cookies and other tracking mechanisms in order to improve and optimize its usage.
Service terms changes.
Cardmobili reserves its right to change or terminate (either temporarily or permanently) the Services and/or the Cardmobili Web Site for any reason at any time and without any previous notice, without incurring any liability. Cardmobili reserves its right to modify these Terms of Use without any prior notice. It is each User's sole and exclusive responsibility to keep informed of any such changes.
Indemnity.
You agree to defend, indemnify and hold harmless Cardmobili, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney fees and costs) arising out of your use of the Cardmobili Web Site or the Services; your failure to use the Cardmobili Web Site or the Services; your breach or alleged breach of these Terms of Use or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
Warranties.
The Services and the Cardmobili Web Site (which includes all materials on this site or offered in connection with this site such as Software) are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Cardmobili, DOES NOT WARRANT that the Cardmobili Web Site or the Services are fit for any particular purpose; that the functions contained in the Cardmobili Web Site or related to the Services will be uninterrupted; that defects will be corrected; that the Cardmobili Web Site or the Services are free of viruses and other harmful components or that the Cardmobili Web Site or the Services are accurate, error-free or reliable.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer or exclusion of certain liabilities. To the extent that they are held to be legally invalid, disclaimers, exclusions, and limitations set forth in these Terms of Use do not apply; however, all other terms and conditions shall apply and remain in full force and effect.
Content Protection and Rights
Property Rights.
All information, material and content on the Cardmobili Web Site, including but not limiting to texts, graphics, images, sounds, software applications and any other information, are owned exclusively by Cardmobili, which has ownership copyright on all such information, material and content, except that information, material and content supplied by (and/or related to) Users, advertisers, retailers and marketing partners shall not be owned by Cardmobili unless otherwise indicated on the Cardmobili Web Site. The copyright and other intellectual property rights of Cardmobili set forth herein extend to all reproduction or copies, obtained from the Cardmobili Web Site. Such rights of Cardmobili cannot be in any way transferred or assigned by User (or any other third party) to any other party(ies) and User cannot copy, modify, publish, broadcast, distribute, execute, present or sell any information, material or content in which Cardmobili or any other third party owns the associated rights unless otherwise explicitly permitted by Cardmobili or these Terms of Use. Trademarks shown on Loyalty Cards presented on the Cardmobili Web Site (and elsewhere) are owned by their respective owners, and are not owned by Cardmobili.
Notice and procedures for making claims of copyright and other infringement.
Cardmobili will process notices of alleged infringement which it receives and will take appropriate actions as required by applicable intellectual property laws. Notification of claimed trademark infringement involving a mark on which you hold a valid, registered trademark or service mark should be sent to Cardmobili as set forth below. Notification of claimed copyright infringement should also be sent to Cardmobili as set forth below.
Service Provider: Cardmobili, S.A.
Send email notifications to: legal@cardmobili.com
Send mail notifications to: Cardmobili Legal Services Edifício Península, sala 506 Praça do Bom Sucesso, nº 131 4150-146 Porto
To be effective, the notification of claimed copyright infringement must be in writing and contain the following information:
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the materials;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Limitation of liability.
While Cardmobili does its best to ensure the optimal performance of the Cardmobili Web Site and the Services, you agree that you use the Cardmobili Web Site and the Services, and rely on information, material and content contained in this site and/or related to the Services, at your own risk.
You acknowledge that Cardmobili, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network or the Services (and any information/data related thereto). In this regard, you also acknowledge that Cardmobili does not warrant that it backs-up any data or User Provided Content, and you agree to accept as a risk the loss of any and all of your User Provided Content.
Cardmobili is not responsible for the accurateness, quality, safety, or legality regarding User Provided Content or any information, material or contents provided by advertisers, retailers or marketing partners ("Advertiser Content"), as well as any information contained in other parties' websites.
Cardmobili is not responsible for any damage or liability resulting from and/or involving the Cardmobili Web Site, the Services, User Provided Content or Advertiser Content. Cardmobili reserves its right to freely, without presenting a justification and without liability (at any time), remove or not publish any information, material, content, text, data, images, applications or programs, that Cardmobili may edit or that may be edited by a User(s).
In no event shall Cardmobili, its parents and affiliates, together with their respective employees, agents, directors, officers and shareholders, be responsible or liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from or related to content located on (or accessible via) the Cardmobili Web Site, or related to your access to, or use of, or inability to use the Cardmobili Web Site, the Services, or Software, even if Cardmobili has been advised of the possibility of such damages or losses. Notwithstanding the foregoing, the total liability of Cardmobili, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, whether in contract, warranty, tort (including, without limitation, negligence), product liability, strict liability or any other theory, associated with any claim arising out of or relating to use or access to the Cardmobili Web Site for any reason whatsoever shall be limited to the cost, if any, of accessing the Cardmobili Web Site.
Links to external websites.
Occasionally, Cardmobili will allow the connection to a third party website. These links allow the User to leave the Cardmobili Web Site. External web sites are not controlled by Cardmobili, which is not in any way liable for the contents of any web site link, or any connection contained in a web site with a link, or any changes made on those web sites. Cardmobili only supplies these links for User's convenience, and their inclusion does not imply that Cardmobili endorses any such web site.
COPYRIGHT. Copyright © 2010 Cardmobili, S.A. - Desenvolvimento de Software SA., Avenida da Boavista, 1277, 4100-130 Porto, Portugal. All rights reserved.
COMMERCIAL BRANDS. Cardmobili is a commercial brand owned by Cardmobili, S.A. The remaining company and product names are commercial brands of their owners.
Any rights not explicitly granted in these Terms of Use are reserved.
Should there be any doubt, please contact Cardmobili, S.A. through the following email address: info@cardmobili.com .