Terms and conditions
Only the French and Spanish version of the General Conditions of Use is authentic between the parties and may be brought to court.
TABLE OF CONTENTSERA
1. These general conditions
1.1 What is this document?
1.2 Who is affected in these conditions?
1.3 How long are these conditions?
1.4 How can these conditions be changed?
2. Carlo App
2.1 What is Carlo App?
2.2 Who can use Carlo App?
2.3 What do I need to use Carlo App?
2.4. How to use Carlo App?
2.5. In which establishments can you use Carlo App?
2.6. How much does Carlo App cost?
3. Rewards and discounts
3.1 What rewards and discounts do you benefit from using the Carlo App?
3.2. How long can you use or redeem rewards and discounts?
3.3 What is the monetary value of the rewards and discounts earned, and can you claim or cash them?
3.4 Additional services: the purchase of discount, the exchange of discount between friends, the use of codes to be activated
4. Other obligations you assume
5. If you have a problem
5.1. Returns, exchanges and refunds of products or services purchased through Carlo App
5.2 What happens if your Carlo App passwords are lost or stolen?
5.3 What happens if my bank card registered with Carlo App is used fraudulently or in an unauthorized manner?
5.4. Can there be an interruption or failure in the use of Carlo App?
5.5. What responsibility do we have for the use of Carlo App?
5.6. Can we suspend your access to Carlo App?
5.7. Can you end your use of Carlo App?
5.8. What is the applicable law and what happens in the event of partial invalidity of these general conditions?
5.9. How can you contact us?
6. Other important aspects of using Carlo App
6.1. Intellectual and industrial property
6.2 Privacy policy
Appendix: Example of how Carlo App works
1. These general conditions
1.1 What is this document?
This document constitutes the conditions of use of Carlo App and, as such, governs the rights and obligations that we and you will have in relation to Carlo App. These terms and conditions are the only valid document for this purpose and, therefore, they will prevail over any other document, transaction or offer.
These conditions, once you have accepted them, will be available in the "Information and contact" section of the application and will be sent to you, in the future, to the e-mail address you have provided us in a non-modifiable file which will allow you to consult them.
1.2 Who is affected in these conditions?
On the one hand, you as a natural person over the age of 14. You are acting outside your professional or business sphere. You cannot transfer your position under these conditions to another person.
On the other hand, we, Carlo. We are the providers of Carlo App and, legally, we are registered as a Limited Liability Company under the name of CARLO TECHNOLOGIES with the Monaco Trade and Industry Directory with the number 21S08828. Our head office is located in Monaco, at 42 boulevard d'Italie. We may cede our position under these terms and conditions upon timely notice to you.
1.3 How long are these conditions?
These general conditions are valid for an indefinite period, but can be terminated if you do not carry out any transaction through Carlo App for a period of 12 months. In addition, you or we may terminate these terms at any time with immediate effect. You can terminate these conditions by sending an email to the following address: [email protected]
Please note that simply uninstalling Carlo App from your device does not terminate these terms and conditions and does not terminate our contractual relationship. In any case, no termination gives right to any indemnity or compensation.
1.4 How can these conditions be changed?
We may change these terms and conditions by giving you one month's notice prior to the effective date of the proposed changes. We thus give you the possibility to terminate the general conditions, free of charge, if you prefer not to accept the modifications. Only if the changes are due to regulatory changes or regulatory or administrative requirements, can we immediately change these terms.
In addition, we may add new services or functionalities to Carlo App which are in fact subject to these general conditions. If these features or services have specific terms, we will let you know. If you use the new features or services, we will consider that you have accepted their terms and which will immediately form part of this document.
2. Carlo App
2.1 Carlo App, what is it?
Carlo App is an application that allows you to obtain and apply discounts and rewards on purchases made at establishments in your city that are members of the Carlo network. Payments derived from these purchases will be made with the bank card that you have linked to Carlo App.
In addition, you will be able to obtain information about the purchases made and the discounts and rewards obtained. Please note that Carlo App is not a repository of documents and therefore any information made available to you may be deleted or changed without notice. The storage and safekeeping of this information outside the application is your responsibility. In any case, the information made available to you in Carlo App replaces the information that your payment institution must provide you with in relation to the payments made or that the sales establishments must give you as proof of purchase, and have no prevalence on these.
Please see the appendix to these general conditions to view an example of using Carlo App.
2.2 Who can use Carlo App?
You only. You may not assign, sell, give, pledge, transfer or otherwise save your access to Carlo App or any discounts or rewards accrued on your Carlo App.
Thus, by downloading and using the Carlo App in accordance with these conditions, we grant you a free, personal, non-transferable, limited, and non-exclusive software license to use Carlo App. This license includes only your right to reproduce Carlo App in whole or in part by using it, downloading it, running it and viewing it on one or more devices.
2.3 What do I need to use Carlo App?
To be able to use Carlo App, you must first be over 14 years old, have a compatible device and agree to these Terms and Conditions and Privacy Policy. Additionally, you must complete your registration process, identifying yourself and choosing your password. Please note that your password is unique, personal and non-transferable, and its retention is your responsibility. Therefore, you must ensure that you are the only one who knows your password and that you are the only one who has access to your Carlo App account. We therefore recommend that the password you choose is not based on information that can be easily associated with you, or combinations thereof, and that you do not write it down or store it anywhere. If you suspect that someone else knows or has access to your password, you must notify us immediately and change it through your Carlo App account.
In addition, in order to be able to use Carlo App, you must have a valid credit card accepted by Carlo App at all times.
Finally, please note that if you are a minor, certain features may be deactivated or restricted, limited or removed if your parents or the holder of your parental authority so requests.
2.4 How to use Carlo App?
To make a purchase with Carlo App, all you have to do is open the app, identify yourself with your email address and password, scan the QR code of the sales establishment and enter the total amount of the purchase you want to make. If you want to apply any discount or reward, you can do so at this time. Then you will see an amount to pay which, if you accept it, will be paid by the credit card that you registered in Carlo App. In the event that there is no amount payable because the discounts applied are equal to the total purchase price, it is sufficient to accept the transaction for the purchase to be made. In addition, Carlo App incorporates a feature whereby payment can be requested by the merchant, in this case you can accept the payment request directly within Carlo App.
Finally, you can share the amount of a purchase among several Carlo App users that you have added as contacts in your Carlo App application. In this case, the resulting amount for each of the users will be the total amount of the purchase distributed among all the users concerned.
For each purchase made with Carlo App, you will get a discount or reward, which you can use on your next purchases on Carlo App. For more information on rewards and discounts, please see section 3 of these terms and conditions.
In order to preserve the merchant's margin, a purchase cannot be made with Carlo App if the product or service sold by the merchant is already on promotion or on sale.
Please see the appendix to these general conditions to view an example of using Carlo App.
2.5 In which establishments can you use Carlo App?
You can use Carlo App to make purchases at retail establishments that are members of the Carlo network. The establishments will identify themselves, so that you can recognize them. Please note that the use of your Carlo App account covers only one defined geographical area. Therefore, the rewards and discounts given to you must be redeemed or used in the same defined geographic area.
To use Carlo in another geographic area, you must complete a new registration process and create an account associated with the new geographic area.
2.6 How much does Carlo App cost?
The use of the Carlo App is completely free. Please note that you may incur additional costs of which we are not aware, such as costs relating to the use of your telephone device, your Internet connection, or your bank card and which are entirely your responsibility.
3. These general conditions
3.1 What is this document?
Every time you make a purchase through Carlo App in an establishment that is a member of the Carlo network, you get a reward or a discount. Carlo is a customer loyalty system for partner sales establishments and therefore rewards and discounts may vary, even in kind (eg monetary discounts, rewards such as gifts or experiences, etc. ) In any event, on the date of these terms and conditions, the discounts and rewards you will obtain will be as follows:
– For each purchase made through Carlo App: a discount to be applied to future purchases made through Carlo App, equal to 5 % of the retail value of the purchase made.
- For each purchase made by a person to whom you have recommended the use of Carlo App and who has indicated you as a sponsor when registering: a discount equal to 2% of the retail value of the purchase made by this user and that you can apply during your future purchases made with Carlo App. Please note that neither you nor any other user can change the sponsor that was chosen when registering for Carlo App.
We will notify you of any changes to the discounts and rewards you will receive by using Carlo App, but this will not be considered a change to these terms and conditions.
Please consult the appendix to these general conditions, to view an example of use of Carlo App
3.2. How long can you use or redeem rewards and discounts?
You can redeem or use the rewards and discounts at any time during the term of these terms and conditions. Therefore, please note that in the event of termination of the Terms, either by you or us, you will forfeit any rewards or discounts that you have not redeemed or used. In addition, you will also forfeit all accrued rewards and discounts if you do not use Carlo App to make purchases within 12 months, without termination of these terms and conditions or communication from us.
3.3 What is the monetary value of the rewards and discounts earned, and can you claim or cash them?
The rewards and discounts you receive through Carlo App have no cash value. They only constitute a right to receive a reduction or a reward if you use Carlo App in the future, in accordance with these general conditions, in the sales establishments that are members of the Carlo network. In the meantime, they only correspond to "an equivalent value" on the purchase of products indicated in the partner establishments at a given time. Therefore, you will not be able to claim or withdraw cash for any reward or reduction, and you will not have the right to use or redeem it except through the Carlo App, in accordance with these conditions.
3.4 Additional services: purchase of discount, exchange of discount between friends, use of redeemable codes
Carlo can make the following additional services available to you at any time:
1. The purchase of discounts usable via Carlo App
You can buy discounts using the bank card you have registered in Carlo App. The cashback amount you wish to purchase will be charged to your card and will be immediately available on your Carlo App as an additional cashback balance.
Please note that only if you withdraw from these conditions in accordance with clause 5.7 and within the first 14 days of purchasing the discounts, you will be able to recover the amount of the discounts you have purchased and not yet used. For everything else, the discounts purchased will have the same characteristics as any other discount within Carlo App and, therefore, they can only be used in accordance with these conditions and will even be lost in the cases provided for in clause 3.2. In the event that, ultimately, the balance from purchased rebates is lost, we will send you an invoice for the amount of the lost balance, which under no circumstances will incur any additional cost.
2. Sending discounts between users and using redeemable codes
Carlo discounts are not personal and can therefore be transferred between users. You can thus send discounts of your balance to other Carlo App users who are in the same municipality as you. In the same way, you can receive discounts from other users. The amount of the discount received will be immediately available on Carlo App as an additional balance. Please note that under no circumstances can the sending and receiving of Carlo App rebates or redeemable codes serve as payment or consideration for any underlying transaction and, therefore, you may not accept them on the expectation that it is a monetary value. In the event that we suspect a sending of discounts or redeemable codes and we consider that it may have been made in return for a transaction, we are authorized to eliminate the discounts or redeemable codes sent from the Carlo App system, in the immediately and without prior communication, without giving rise to any right or compensation and without our needing to prove, in any way whatsoever, the existence or the veracity of the said suspicions. We will assume, for example, that there is a monetary counterpart in the event that discounts or redeemable codes are sent and/or received constantly in one direction, without any purchase operation being carried out in the partner establishments or if the behavior does not seem compatible with Carlo's objective or with these conditions.
Finally, please note that for various reasons, we may establish limitations on the additional services described above, such as a maximum amount, both per transaction and over a given period. We will inform you of the existing limitations at the time of the launch of the additional services. In addition, within the framework of exchangeable codes, these can also be issued with certain restrictions. The use of these can be limited to certain segments of establishments, such as restaurants, or limited to days or time slots. We will notify you of these limitations at the time of redemption of the code.
4. Other obligations you assume
By accepting these conditions, you agree, in addition to the obligations described in the other sections, to comply with the following obligations:
- Inform us of any changes to the information you provided to us when registering, which must always be complete, truthful and up-to-date.
- That the bank card registered in Carlo App is valid and belongs to you, and that it has all the necessary permissions and authorizations to be used in Carlo App.
- Not to make fraudulent or illegal use of Carlo App, limiting itself to using Carlo App in accordance with these conditions, or to conscious use that could result in damage to itself or to third parties.
- Properly protect your Carlo App passwords and inform us of any suspicion or certainty of their knowledge by others or of access to your Carlo App by people other than yourself.
- Not to alter, modify, deactivate or otherwise affect the code, program (s) or documents that constitute Carlo App.
- Not to introduce programs, viruses, macros, applets, ActiveX controls or any other logical sequence likely to cause any type of alteration of our systems or those of a third party.
- Do not use any functionality of Carlo App, such as the payment division, for purposes other than the service described, or to send information or messages that could be against the law.
- Do not use in any way the names and trademarks displayed or used by Carlo App, including Carlo and Carlo App.
5. If you have a problem
5.1. Returns, exchanges and refunds of products or services purchased through Carlo App
Carlo App does not govern the relationship between you and the selling establishment with respect to the goods or services purchased. Therefore, in the event of any disagreement or problem with the product or service purchased, you must contact the establishment on the same terms as if the purchase had been made without the use of Carlo App. In the event of a return or refund of the purchase made with Carlo App, Carlo App's sole responsibility will be the effective cancellation of the reward or discount you would have received for this purchase. The use of Carlo App does not in any way change the guarantee and the return, exchange or refund policy of the store where you made the purchase.
Please note that any refund of a purchase made through the Carlo loyalty program will however be conditioned by the possibility for you and your sponsor to refund us the amount of the reward obtained for this purchase. In other words, your reward balance and that of your sponsor must be sufficient.
5.2 What happens if your Carlo App password is lost or stolen?
You are solely responsible for maintaining your Carlo App password. Please refer to section 2.3 of these general conditions of sale for more information. In the event that your password is lost or stolen for reasons not attributable to us, we will only be liable for the damage that you actually suffered after notifying us of this fact and only by replacing any rewards or discounts. that you had in your Carlo App account.
5.3 What happens if my bank card registered with Carlo App is used fraudulently or in an unauthorized manner?
Please note that all payment transactions are secure thanks to our partner Lemonway, a French payment institution approved by the ACPR. In addition, our payment system can only be used in a closed network of partner commerce.
Any problem, dispute or claim resulting from the use of your bank card or from any transaction carried out through it must be dealt with directly with the bank issuing this card. We do not intervene in the way in which payments are made with your bank card or in the security measures imposed on it. Therefore, we cannot intervene with the issuing bank of your credit card and we cannot mediate, claim or act on your behalf.
5.4. Can there be an interruption or failure in the use of Carlo App?
We do everything possible to ensure that this does not happen, but in the event of technical problems or maintenance work, there may be an interruption or failure in the use of Carlo App. In this case, we will try, as far as possible, to inform you in advance of these interruptions. However, we will not be responsible for the lack of prior notification or the inability to access the services of Carlo App. Please note that the use of Carlo App also depends on other service providers (telephone, internet data, bank, etc.), so that the inability to use Carlo App services may also be attributable to them, which we are not responsible and unfortunately cannot do anything.
5.5. What responsibility do we have for the use of Carlo App?
We provide Carlo App in the current state of development and with the features currently available. We cannot guarantee, under the terms of these conditions, that the operation of Carlo App for the functionalities, platform and operating system currently available.
We cannot guarantee the availability of Carlo App as this, as we mentioned in the previous section, may depend on circumstances beyond our control, such as the availability and proper functioning of the device on which the application is installed or from the internet. Therefore, we will not be responsible for any damages of any kind that may be due to the lack of availability, accessibility or functioning of Carlo App.
Under no circumstances do we assume any commitment whatsoever to the evolutionary maintenance or continuity of Carlo App.
5.6. Can we suspend your access to Carlo App?
In the event that we suspect a violation of these general conditions of use, or if we are forced to do so by an authority or requested by a payment institution associated with the registration of your bank card, we may suspend your access to Carlo App. immediately, without notice.
5.7. Can you end your use of Carlo App?
Yes, for the first 14 days following acceptance of these terms and conditions. VSAs set out in Section 1.3 of these Terms, you may terminate these Terms at any time and, if you do so within 14 days of acceptance, we will treat this as a withdrawal.
5.8. What is the applicable law and what happens in the event of partial invalidity of these general conditions?
We expressly agree that the law applicable to these conditions and to the use of Carlo App is common Monegasque law. We also agree that the invalidity, nullity or invalidity of any clause of these conditions will not affect or prejudice the enforceability of the other clauses. And, furthermore, that our intention and yours are to replace any invalid, void or voidable clause with a valid and enforceable clause in terms as similar as possible to the invalid, void or voidable clause and at will, both yours. than ours, that it would reflect. Any potential dispute will be settled in a preferential manner amicably and failing this, we decide to attribute territorial jurisdiction to the competent Court of Monaco.
5.9. How can you contact us?
You can contact us for any question, complaint, claim or problem related to the use of Carlo App by email at the address [email protected] or by post to the address 6 avenue Albert II (Monacotech), Monaco 98000. We will contact you using the information you provided in your letter or when you registered. It is your responsibility to update this data and, consequently, any communication that we send to you through it will be considered as having been made correctly.
6. Other important aspects of using Carlo App
6.1. Intellectual and industrial property
“Intellectual property rights” are understood to mean all the rights recognized by any applicable law in matters of intellectual property, for any purpose whatsoever and for any form of use (in particular copyright, related or related rights). copyright or sui generis rights in databases); and, on the other hand, all the rights recognized by any applicable industrial property legislation (in particular, patents, utility models, trademarks, trade names and industrial designs) as well as domain names , social profiles and know-how, whether registered, requested or unregistered, and including, in any case, the power to request the appropriate registrations and registrations to obtain or protect these rights. Likewise, “know-how” is understood to mean any type of software, material, model, procedure, technique, concept, idea, trade or company secret, manuals, logos and promotional or marketing material, or any other type of knowledge or similar information used by Carlo in the provision of its services, including any application or software.
In any case, it should not be understood that the access and use of Carlo App imply an authorization or a waiver, a transfer, a total or partial assignment of these rights or the grant of a right or a expectation of entitlement.
Likewise, the content of the Carlo App website and application is considered to be a computer program and the Monegasque, European Union and international regulations in force in this area are applicable to it.
It is expressly prohibited, in any case, to reproduce, copy, publicly communicate, distribute, modify, transform, delete, manipulate and use in any other form, with or without profit, all or part of the website or the application or any of its contents, without the express prior written permission of Carlo App.
This prohibition extends to technical protection devices, digital fingerprints and any information mechanism linked to the content. It is also particularly forbidden to use information of any kind obtained through the website or application or any of its contents, for advertising, promotional and / or commercial purposes or means of any kind.
6.2 Privacy policy
The use of Carlo involves the processing of personal data of all registered users, in accordance with the General Data Protection Regulation (GDPR) and any other local regulations that may apply.
Carlo is fully committed to respecting the privacy of all its users, and will always treat them with respect for the principles of fairness and transparency, among others, also giving priority to the security of the information available to us.
When you register with Carlo App, you must accept the applicable privacy policy, which you can consult here.
Carlo reserves the right to modify this privacy policy at any time. Whenever such a change results in a material change in your obligations and rights, we will notify you in advance and sufficiently early so that you can review the changes.
We may also process certain identifying information using data storage and retrieval devices on user equipment, better known as cookies. For more information on the use of these devices, you can access our cookie policy, available here.
Last update on: 30/03/2022
Appendix: Example of how Carlo App works
The same day :
1. You download Carlo App to your device, register, accept applicable terms and policies, and register a credit card.
2. You enter a first establishment in your city that adheres to the Carlo system and decide to make a purchase of 200 euros through Carlo App. You scan the establishment's QR code via Carlo App and accept the payment of 200 euros.
3. 200 euros are debited from your credit card, 10 euros discount are credited to your Carlo App account and you take the product you have purchased.
4. You recommend the use of Carlo App to one of your friends, who installs Carlo App, completes all the formalities for its registration and identifies you as a sponsor.
5. You enter a second partner establishment in your city and decide to make a purchase of 90 euros through Carlo App. You scan the establishment's QR code via Carlo App and decide to apply the 10 euros discount to this purchase, which allows you to pay only 80 euros.
6. 80 euros are debited from your credit card, 4.5 euros discount are credited to your Carlo App and you receive the product you have purchased.
7. Your friend enters a partner establishment in your city and decides to make a purchase of 300 euros using Carlo App. After making the purchase, you are credited with 6 euros reduction on your Carlo App for referring your friend.
8. You enter a last partner establishment in your city and decide to make a purchase of 8.5 euros using Carlo App. You scan the establishment's QR code via Carlo App and decide to apply a reduction of 8.5 euros to this purchase, all you have to do is confirm it without having to pay anything.
9. Your credit card is not debited, your Carlo App account is credited with 0.43 euros reduction and you take the product you have purchased.
At the end of the day :
(i) You purchased three items with a total value of 298.5 euros, for which you paid 280 euros.
(ii) You have a balance of 2.43 euros remaining to be applied to your future purchases with Carlo App in partner establishments in your city.
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