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General Terms of Use

Section 0. Definitions

1.”The User” : all person, physically or morally, registered to use or access the website www.kingCard.be and/or using the mobile application.

2. ”KingCard” : the website www.kingcard.be and it’s mobile application.
4. ”The application”: the software delivered by KingCard the user can install on its smartphone.
3. “KingCard Partners”: any shop (or businesse) that allows his consumers to use the King Card application in their shop.

Section 1. Website/mobile application Manager

The site/application is managed by Kingcard.be (hereafter referred to as “KingCard”).
KingCard is a product developped and managed by Pierre Halleux, ‎Juan Olaizola and Patricio Barandiaran.

Section 2. Acknowledgement of the General Terms

All users acknowledge to be bound by the present general terms in their full and irrevocable way.
Kingcard reserves itself the right to modify, at any moment, the present general terms of use. The new general terms will then be published on the website and will come into effect thirty (30) days after they are published on the website. The user who does not accept these new conditions will be expected to deactivate their account within 30 days after the publication of the general terms on the website.
In order to inform the user, they will be notified of the publication of the new general terms by email.

Section 3. Purpose of the Services Offered

The service offered on the smartphone application consists, in a limited manner, of a loyality program. Any King Card partner can offer point to his users. Later, user can exchange points against deals and/or free products. (For example, in exchange of 15 points they can get one free sandwiche).

For each purchase, the consumers will get one or multiple points. Number of points delivered is depending of the value of the purchase.
Points are delivered depending on condition that can be provided by requesting it directly the KingCard partners – or by writting to hello@kingcard.be requesting details.

Kingcard partners can also get in contact with the user via the KingCard plaftform. They can suggest deals, promotion or offers related to their business activities.

KingCard will provide its best efforts to provide an application that allow user to collect point and later when having enough points exchange it against a deal.

The service is provided to the user for free. There is therefore no obligation of results. KingCard does not guarantee the requirements for a professional usage notably by the speed, accessibility and exactitude of the services or the data.

By creating a user account, the user accepts however that commercial emails be sent to them on a database they will have completed, without prejudice on their right to oppose it simply by sending a written request conforming to section 12 of the present general terms of use.

The application is principally dedicated to a non professional, reasonable and normal usage.

Section 4. Account Creation

4.1. The user desiring to benefit from the services offered by the application must create a user account.

4.2. As part of the creation of the account, the user commits to provide truthful, exact and complete information.
The personal data provided by the user will be treated with the appropriate attention and security level. The user accepts nonetheless that commercial emails be sent to them on a database they will have completed.

4.3. Kingcard reserves itself the unilateral right to prohibit the access to all or a part of the application and website to all physical or moral person:
· who violates the present terms of use ;
· who places fake or illegal data into the applicaiton/website ;
· who attempts to negatively affect the reputation of the application/site ;
· who violates the intellectual property rights of third parties ;
· who uses the site for illicit purposes.
· who try to fraud the loyality program build by Kingcard
who try to dectrypt how coupon are build with an algorithm or any other techniques.

4.4. The password linked to a user account allows the user to identify itself to benefit from the application and site’s services.
It is personal and confidential. The user commits to not divulging it to a third party, and not allowing a third party to use the user’s account. The user also commits to not doing anything that could aid any person who is not a registered user to access a secured zone of the application/site, and to not creating any supplementary accounts in the goal of abusing the functions of the application/website or other users.
The user is entirely and solely responsible of all activity performed with his access code.

Section 5. Data provided by the user

5.1. The user is the only one responsible of the information, data, pictures and other elements that they publish in his profile, a comment or in the user’s personal space on the website. The user guarantees his own content.
Kingcard cannot be held responsible for future damage that could be caused by the information, data, pictures and other elements published by the user his profile, a comment and in the user’s personal space on the application ;

· The user will indemnify and guarantee Kingcard of any complaint from a third party in relation with the provided information, including, but not exclusively, the complaints of third parties based on infringements of their copyrights, trademarks, service marks, patents and other intellectual property rights.
By the simple act of using the Kingcard application, the user commits to guarantee Kingcard, its managers, its employees, its partners and its representatives, of any liability claims and other legal actions brought by third parties against the user, following the placement by the User, of any content .

5.2. The provided information (or ant information taken from it) can not :
· be false, inexact or misleading ;
· constitute a breach of copyright , patents, trademarks, trade secrets or other intellectual property rights or rights to the image or personality ;
· violate any law, ordinance or regulation (including, without limitation, those governed by consumer protection, unfair competition, non-discrimination (or misleading advertisement)) ;
· be defamatory, libelous, illegally menacing or illegally harassing ;
· be obscene, contain child pornography, be reserved to adults by nature or be damaging to minors ;
· express a political opinion ;
· have a connotation that is defamatory, racist, xenophobic or inciting to discrimination, hate or violence towards a person, a group, a community or of their members, because of an alleged race, color, ascendance or national or ethnic origin of the ones involved ;
· contain viruses, Trojan horses, “worms”, “time bombs”, ” cancel bots” or other computer routines with the goal to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information ;
· · upload messages which promote the services ;
· create liability on the part of Kingcard or result in the loss by Kingcard (in whole or in part) of its internet service providers (ISP) services or other suppliers.

5.3. Even though KingCard can in no way be held responsible of the content published by the user, KingCard reserves itself the unilateral right to refuse or deactivate, without counter party, an user profile created on the application with the following cases :
-multiple account creation
-tentative of frauding the system (by entering for example multiple coupon code)
-the descriptive text is contrary to the present general terms of use ;
-Account inactivity
-Using invalid email address or invalid names.

No compensation can be claimed by the user in the case of the refusal or the deactivation of their user account.

Section 6. User Account Closure

The user can, at all times, cancel their membership to the site by connecting to the application, going into the setting part and desactivating opt-in for all shop and kingcard news. Then they need to delete the application from their smartphone.

Section 7. Availability of the application

Even though Kingcard ensures the application and website’s disposal to the users 7 days a week and 24 hours a day, Kingcard reserves itself the right, at any given moment and without warning, to interrupt the access to the service for technical or other reasons as well as terminating its services, without being held responsible of these interruptions and the consequences that could result for any user.

Kingcard will provide its best efforts so the application and website and its downloadable files be exempt of bugs, viruses, Trojan horses and non-authorised spyware. However, it cannot be ignored that these could be found on the application and website. In such a case, Kingcard cannot, in any way, be held responsible of all prejudice and/or loss that would result from it for the user.

Section 8. Links to Third Party Websites

The Kingcard application and website may contain hyperlinks to content from third parties or to websites operated by third parties. Kingcard cannot be held responsible for the content or quality of these websites. The operators of these sites are solely responsible for compliance with the laws and regulations applicable to the products and services they sell on their website.

Section 9. Other Cases With Limited Liability

9.1. As mentioned in section 5, Kingcard will in no way be held responsible for any damage that would be caused by the information, data, pictures and other elements published by an user of king card partners.

9.2. Kingcard does not manage the deals or offers provided by the king card partners. KingCard does not guarantee the aivability of the deal inside the king card partners shops.

9.3 Kingcard cannot be held responsible for shop not being possible or allowing user to get deal or offer that is supposed to be provided by the KingCard application.

9.4. Kingcard will in no way be held responsible for the legality, accuracy and content of the deal or message send or published via the KingCard partners trough the application and/or website, nor the quality of goods and/or the services praised in these offers.

9.5 Points cannot be exchanged against money in any case.
9.6 Points cannot be transfered between users or accounts.
9.7 At any time a shop can remove a deal or offer without warning.
9.8 At any time a shop can be removed from the systme without letting user know in advance.

Section 10. Intellectual Rights

All the content present on the Kingcard website/application is the intellectual property or Kingcard and is protected by intellectual property rights.
The shape of this website/application (plan, layout of headings, data organisation,…) is protected by the legal regime of copyright. Kingcard prohibits the extraction and/or the use of all or a substantial part, qualitatively or quantitatively, of the website/application content.

Kingcard grants the user a non-exclusive, non-transferable, revocable at any time without cause license to gain access to the website/application, view and download content with the only purpose being to inform the user, and this, on a single computer. The user may also print a copy of the content posted on the website solely for personal use, provided that it does not alter in any way the content of the website.
Any and all copy, translation, adaptation, modification or use whatsoever, of the entirety or of one of the protected elements of the website/application, in any form or by any means, is strictly prohibited without the prior written consent of Kingcard. Any request in this regard may be directed to (hello@kingcard.be).

Section 11. Private Life
11.1. The personal data processing related to this site are subject to Belgian law (Law of December 8, 1992 on the protection of privacy in respect of personal data processing, as amended by the Act of December 11, 1998, transposing Directive 95/46 / EC of 24 October 1995 of the European Parliament and of the Council on the protection of individuals with regard to personal data processing and on the free movement of such data).
11.2. Without being exausive, when registering on the Site, the user is asked to provide valid email, names, password. Later user can provide gender, date of birth etc..

When the user chooses to provide personal data, he agrees for his data to be sent and stored on the Kingcard servers
.
11.3. The information collected by Kincard are for the following purposes :
· to allow the user the full use of the kingcard application and website ;
· to allow kingcard partners to send the targeted offer or commercial communication;
· to establish statistics related to the visit frequency of different sections of the application ;
· to send the user newsletters or other specific information involving the Kingcard ;
· to answer questions from users and manage subscriptions in a large sense ;
· to quickly contact users ;
·
This information is also likely to be used and / or disclosed to business partners for marketing purposes. In this context, the user is informed that advertising e-mails can be sent to him. This use / disclosure of User’s data for marketing purposes, however, is possible only to the extent that it has been expressly accepted by the User when registering on the Kingcard website.

The user has the right to object at the same time, specifically to any use for marketing purposes. This request must be made in writing in accordance with the following paragraph. Users are informed of this possibility, and its terms, from the time of registration on the website.

11.4. In accordance with the Law of December 8, 1992, the user has the opportunity to object to the use of their data for marketing purposes at any time. He will have to do this by addressing an email to the controller of the data, to the email address hello@kingcard.be Such refusal shall be free and without any justification required.

11.5. In accordance with the Law of December 8, 1992, the User has a right of access to his data, as well as a right of rectification. If he wishes to make use of this right, the User must send a written request to the email address hello@kingcard.be.

11.7. The controller of personal data collected on the Kingcard website/application is, the references are listed in Section 1 of these terms of use. This is the site manager who is responsible for all matters relating to the protection of users’ privacy.

Section 12. Fraud

12.1 The user allows KingCard to proceed to random check to if they are not frauding. By random check, Kingcard is able to see how many time user made invalid action, try to re-use code already used etc…

12.2 Any user supected of fraud will have is account directly deleted. In case of doubt, user will have to provide purchase tickets linked to the points he collected.

12.3 It is forbidden to use algorithm or any other technique to try to dectrypt coupon to earn more points.

Section 13. Final Clauses

13.1. The invalidity, lapse or unenforceability of all or part of one of the preceding clauses shall not result in the invalidity of all the present general terms of use. The clause shall be deemed unwritten and the user agrees that Kingcard replaces that clause by another that will fill to the extent of the possible, the same function. In case of dispute, it may be required to the competent court to substitute the unwritten deemed disposition by a clause which comes as close as possible.

13.2. For any disputes resulting from the use of the Site Kingcard, Belgian law will be applicable and only the courts of Brussels will be competent.

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