This is a contract between the iDeals Application User! ("The User" or
"You") and iDigital Media! SA, a limited company under Swiss law with a capital of CHF 100'000, with registered office at Rue de Charmilles 1, CH-1203 Geneva, registered with the Geneva Trade Register under number CHE-283.080.871, hereinafter ("iDeals!" Or "we"). These conditions, together with our privacy policy (the "Privacy Policy", together with the "Terms"), govern the User's access and use of the iDeals Mobile App! (The "Application") and all related services (the "Services") on any digital platform (jointly, the
" Program "). By subscribing to the Application and / or using all or part of the Program, the User expressly agrees to be bound by these Conditions. The User undertakes to respect these Conditions when accessing the Program and when using it.
1.Definitions
News (s): means any information and content in any form whatsoever, relating to the activities of the Partners, provided and filled in by each Partner and published in the iDeals Application! or on his website www.ideals.app. Partners are solely responsible for the News they broadcast, which in no way binds iDeals!. News does not constitute Promotional Offers; they can not give rise to a reduction of price, nor to the grant of "Deals" usable with the Partners in application of the present Conditions. This information and content remain the property of the Partners, who are solely responsible for it, they do not bind in any case iDeals!.
Gift (s): means a Product that the User can redeem for Deals and which will be chosen from a selection of Products presented in the iDeals catalog! at the tab
"Gifts" of the Application.
Account: means any interface accessible via the iDeals Application! downloaded and installed by the User on his mobile terminal and which allows him to access his personal information, to consult his Deals and to benefit from iDeals Services! ;
Partner (s): means the members of the iDeals Partner Network! ;
Store (s): means any point of sale and any space accessible to the general public and
managed, operated, rented or owned by Partners;
Promotional Offer (s): means any announcement of price reductions and benefits of any kind, defined and published by the Partners, relating to their products or services and reserved for Users. Partners are fully responsible for the Promotional Offers they offer to Users and their content, form or nature do not engage in any way iDeals!. ;
Product (s): means a good and / or service proposed by the Partners;
User (s): means any person who is capable of acting, who is not acting for professional purposes, who has subscribed to the iDeals Application and Services! ; and
Deals: means any gift point collected by Users via the Application and according to the terms of use of the Application.
2. Prerequisites for joining the iDeals!
The User declares to fulfill the following conditions:the User has a mobile terminal
(i) with at least an Apple iOS 7 operating system, and at least the Android 4.3 version
(ii) equipped with a functioning Bluetooth function, and
(iii) connected to telecommunication networks,
(iv) through a subscription allowing access to the Internet;
the User is eighteen years old; and
the User is domiciled in one of the following countries: France, Switzerland, Monaco.
Failing to meet these conditions, the User can not validly adhere to these Conditions and iDeals! will not be liable to him. In particular, the User may not claim any Win accumulated under the Program, nor any Promotional Offer.
3. License
Subject to the User's compliance with these Terms, Licensee is granted a license to download and install one copy of the App on its mobile device, access and use the Program. only for personal and non-commercial use.
It is forbidden to: copy, modify or distribute the Application or the Services for any purpose whatsoever;
transfer, sublicense, rent, lend or distribute the Application or the Services to third parties;
reverse engineer, decompile or create derivative works of the Application or Services;
make the functionality of the Application or Services available to other Users by any means;
use multiple accounts per individual user and / or mobile terminal; and
use the Application and Services unlawfully, or for any unlawful purposes, or in a manner inconsistent with these Terms.
No other license or right is conferred on the User, whether implicitly or otherwise. In particular, no license is granted to the User with respect to the intellectual property rights held or controlled by iDeals !.
4. The User Account Creation of the Account
After reading the Terms and Conditions, including the Privacy Policy available here: http://ideals.app/legal/en/privacy_policy.pdf, which is an integral part of the Terms, the User accepts them by subscribing to the Program.
The creation of the iDeals Account! is done via the Application on the User's mobile terminal, which he has previously downloaded and installed on his terminal.
Once on the Application, the User must provide the following information: its civility, gender, name, first name, date of birth, e-mail address.
The use of aliases and pseudonyms are prohibited. The User will be identified by his e-mail address.
He will then have to choose his secret code which will allow him to access his profile later. Once his confidential code chosen, the creation of his Account will be effective.
The User will receive an acknowledgment of receipt by e-mail to the address indicated confirming his subscription to the iDeals! Program.
During the contractual relationship between iDeals! and the User, the latter remains required to report any changes to his personal information via his Profile and any other information necessary for the proper performance of the service.
The profile :
The "Profile" tab in the Application allows the User:
to consult the balance of the remaining Deals on his Account as well as some key indicators of the type: number of visits made in Store (s) etc ....
to modify its parameters and in particular proceed to the settings of the Notifications, the geolocalisation, etc .... It can also modify its personal data by means of this personal space.
Opposition to access by third parties
It is strictly forbidden to authorize access to his iDeals Account! or his Profile to a third party.
In the event of fraudulent access by a person other than the User, the User must, as soon as he becomes aware of it, oppose the access of the Program by warning iDeals! by any means available to him. From the setting in opposition and until its lifting, the use of the Program will be blocked. Any verbal opposition must be immediately confirmed in writing via the Contacts available on the website www.ideals.app.
5. Description of the iDeals!
The services described below are available to Users who have opened an iDeals Account! under the conditions set out in Article 4 (i) above.
1. Principle
The Application allows the User:
to win Deals that are then convertible into Gifts from a selection offered and available on the "Gifts" tab of the Application;
to benefit from Promotional Offers from Partners.
Deals and Promotional Offers are personally attributed to Users and can not be sold or exchanged. The Deals may be used at any time unless these Conditions are terminated in accordance with Article 13 below.
Earning Deals by Entering a Store :
As soon as the User physically visits a Partner's Store or accesses specific areas of the Store, his Account is credited with Deals, provided that his mobile device registered with iDeals! is connected to the Internet, that the Bluetooth function is activated and that he has previously agreed that its precise geographical position can be located.
iDeals! proposes a geolocation service of the Partners stores and displays the Shops closest to the User if the latter opts for this option.
iDeals! can not unfortunately guarantee that Deals, or other points that a User thinks should be returned to him, are credited thereafter if iDeals! can not determine the exact location, or mishandling of the App or inside a Store, when he believed that the Deals should have been credited to him. Among other things, technical problems with a product registration or scan system or targeting or verification of transaction data could cause a User's operation to not be detected or properly verified by the Customer. 'Application.
Win Deals by "scan" Products in Store
The Program allows the User to collect Deals by scanning the barcodes of the Products of certain brands distributed by the participating Partners, using his mobile terminal iDeals! regularly provides the User with the list of Products eligible for"Scan" and Stores in which they are offered for sale, through the "Scan" tab of the Application. iDeals! does not guarantee that the advertised Products will still be scanned at the advertised locations (for example, a Partner's vendor may remove products from the shelves, a product may be out of stock, etc.), or that Barcodes will always be accurate, and therefore, iDeals! disclaims any liability for a "scan" that does not work and any errors or faults occurring during a "scan" attempt by the User.
Benefit from Promotional Offers
The User can take advantage of the Promotional Offers valid in the Partner Stores, with a period of validity specified by the Partners in the form of each Promotional Offer.
To exchange Gifts against his Deals
The Deals awarded personally are to be exchanged for a list of gifts available on the "Gifts" tab of the Application. The number of Deals required to redeem a Gift is specified for each Gift.
6. Personal data
For complete information on the collection, processing and management of users' personal data, the User is referred to our Privacy Policy available at: http://ideals.app/legal/en/privacy_policy.pdf, which is an integral part of these Terms
7. Messaging
As part of the Services that we offer, the User may receive instant alerts, SMS, MMS, emails or any other type of messages that are sent directly to him or from the Application ("Notifications"). The User has control over the settings of the Notifications, and can opt to receive or not these Notifications through the Services or the operating system of the phone (with the exception of rare and important service announcements). E-mail charges may apply depending on the user's phone subscription and iDeals! can not be held responsible for the addition of these additional costs.
8. Confidentiality
By accessing and using the Program, the User agrees that in accordance with the Privacy Policy that forms an integral part of these Terms, iDeals! may collect, use and disclose certain data that the User has provided when accessing and using the Program with Partners. iDeals! may also, although rarely, need to send certain service communications, such as service announcements and administrative messages ("Service Communications") to the User. These Service Communications will not contain any advertising and are considered part of the Services and the User Account, which may not be able to be deactivated.
9. Payment
The use of the Program is currently available to Users free of charge; however, iDeals! reserves the right to charge the use of the Services at any time and in accordance with the laws in force.
10. Responsibility of iDeals!
1. Relationship between iDeals! and the User
ƒ undertakes its best efforts to provide the User with the Program as described above. The responsibility of iDeals! is strictly limited to this obligation of means, to the exclusion of all others.
In particular, iDeals! is not liable for the News published in the iDeals App! by the Partners and / or its Products and / or Promotional Offers, for which it does not guarantee the truthfulness, accuracy or suitability of Users. iDeals! also declines any responsibility in the event of unavailability of the Gifts at the moment the User wishes to exchange them for Deals and / or Products covered by the Promotional Offers of the Partners.
The foregoing provisions shall also apply in the case of false or misleading claims, indications or representations, including the existence, availability or nature of the Products offered by the Partners, their essential characteristics, their prices or how these are calculated, etc.
Likewise, iDeals! has no control over the quality, safety, legality, authenticity, etc. of the Products presented by the Partners in the iDeals Application! or their promotional offers.
The User expressly acknowledges that incidents in the operation of the Program can not be excluded. As a result, it allows iDeals! to interrupt or modify, at any time, the operation of the Program in order to preserve its reliability and security and exonerate iDeals! any liability in this respect.
iDeals! can not be held responsible for the malfunction or possible malfunction of phone lines, hardware and software used to access the Program, or in case of force majeure or similar (operator strike, failure to provide electrical current ...) or finally, risks related to the characteristics of the Internet media or inherent to the exchange of information through said media, risks that the User declares to accept.
Relationships between the User and the Partners
Users contract directly with Partners, iDeals! not intervening in any way in any transactions between Users and Partners. iDeals! does not transfer the ownership of the Products or perform the services on behalf of the Partners.
11. Liability of the User
The User agrees to use the Program in accordance with these Conditions, as well as applicable laws and regulations.
In the event of suspicion of fraud, serious infringement of the rights of third parties or infringement, or breach of these Conditions and in general the laws and regulations, iDeals! reserves the right to take one of the measures below, without delay, by means of an e-mail notification, ie:
restrict or limit access and / or use of the Program until the default is repaired as quickly as possible;
delete the iDeals Account! the User and make it permanently impossible for him to access the iDeals Application! and its Services.
It is the responsibility of the User to use his / her mobile device according to the standards in force and to take all the necessary measures to guarantee the required level of protection of his / her mobile terminal against any potential risk of viruses or spyware. . iDeals! can not, therefore, be held responsible for a defective Program due to such alteration, which the User accepts.
12. Modification of Conditions and Program
Any modification of these Conditions and / or the Program will be communicated by e-mail to the User at the latest one (1) week before the envisaged date of entry into force. This modification is deemed accepted by the User in the absence of dispute on his part before the expiry of this period. If the User refuses the proposed change, he may terminate these Terms and Conditions free of charge before the effective date of the change and will no longer have access to the Program, in accordance with the provisions of Article 13 of these Conditions.
Developments, including technological, related to the terms of access, contact and features of the Program are not considered changes to the Conditions or Program. The same applies to changes in the characteristics or the addition of new services to the iDeals! Program. These changes are brought to the attention of the User by the means chosen by iDeals !. In the event that iDeals! could not maintain or decide to interrupt a feature, it undertakes to inform the User by any means.
13. Term-Termination
1. Duration
These Conditions are concluded for an indefinite period. iDeals! or the User may terminate it under the conditions set out below.
Termination
These Terms may be terminated at any time by either party, in writing, with thirty (30) days' notice to the User and sixty (60) days for iDeals !. However, iDeals! will be exempted from complying with this notice in case of serious misconduct of the User or circumstances provided for by the local regulations then in force that would make it impossible to maintain the Program. The termination will result in the termination of use of the Application and Services and the automatic loss of unused Deals on the date of termination. No fee will be charged to the User in case of termination of use of the Program.
14. Claims
User's requests relating to the proper execution of these Conditions or any complaints or requests for information relating to the Program proposed by iDeals! are to be formulated directly with the Contacts accessible on the site www.ideals.app
15. General provisions
These Terms, including the Privacy Policy, constitute the entire terms of the agreement between iDeals! and the User regarding the Program. They cancel and replace any previous communications between the User and iDeals! Program.
A declaration of invalidity with respect to any provision of these Conditions by a competent court does not affect the validity of the other provisions, which remain fully in force.
16. Governing Law and Jurisdiction
These Conditions are governed by Swiss law. Any dispute arising from or in connection with these Conditions is the exclusive jurisdiction of the courts of the Republic and Canton of Geneva, subject to appeal to the Federal Court.