Terms of Service for the use of the websites and mobile phone services of Stocard GmbH
1. Your Acceptance
2. Stocard Service
These Terms of Service apply to all users of the Stocard Service. The Stocard provided status information may contain links to third party websites that are not owned or controlled by Stocard. Stocard has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Stocard will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Stocard shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Stocard Access
(1) Subject to your compliance with these Terms of Service, Stocard hereby grants you a non-exclusive, non-transferable license to download, install and Use the App on Your mobile device. This licence is in respect of Your Use of the App only, provided that: (i) your use of the Service as permitted is solely for your personal, non-commercial use; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Stocard's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
(2) In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Stocard with your loyalty card number. When providing your loyalty card number, you must provide accurate and complete information. You may never use another person's loyalty card number without their consent for the Service.
(3) We will use our reasonable endeavors to make the App available to You at all times, but We cannot guarantee an uninterrupted or fault free service.
(4) We reserve the right to make changes to the App or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features, and functionalities of the App.
(5) You acknowledge You will not be able to access and Use certain functionalities of the App unless You have internet access through a GPRS, 3G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the Use of the App are subject to Your agreed terms with your mobile network provider.
(6) Without prejudice to our other rights and remedies, We reserve the right to temporarily or permanently suspend or disable your access to the App at any time without notice to You in the event you breach any of the provisions herein.
(7) In the event that We, in Our sole discretion, considers that you are making any illegal and/or unauthorised use of the App, and/or your Use of the App is in breach of these Terms, We reserve the right to take any action that it deems necessary, including terminating without notice Your Use of the App and, in the case of illegal use, instigating legal proceedings.
(8) We reserve the right to make any changes to the App or to discontinue any aspect or feature of the App without notice to You.
4. Stocard Sale of Gift Cards
Stocard Pty Limited, registered office: NEXIA SYDNEY, Level 16, 1 Market Street, SYDNEY NSW 2000, registered in New South Wales ACN: 620 484 326 (“Stocard”, “we”, “us” or “our”) sells and provides digital gift cards (“Gift Cards”) for and on behalf of third-party retailers. By purchasing a Card and/or using the Service, you are entering into a contract on these terms and conditions (“Terms”) with Stocard. This service is governed by the laws of Australia.
In your purchase of gift cards from Stocard, you agree to be bound under the Terms of Sale effective at the time of your purchase and all terms incorporated by reference. Should you not agree to all of these terms, do not make any purchases from Stocard. We reserve the right to change or modify these Terms at any time at our sole discretion.
(1) Gift Cards General Terms
The expiration date for a Gift Card is displayed on the Gift Card, in Stocard. Please refer to the expiry date to ensure you redeem your Gift Card in the allocated time frame. Stocard can not be held responsible for users to redeem their Gift Card before the expiration date.
Unless otherwise stated by the applicable Retailer, Gift Cards are not redeemable for cash.
Stocard is not responsible if a Gift Card is lost, stolen, destroyed, or used without permission. Stocard is not responsible if any Gift Card is rendered unsuitable for redemption through no fault of Stocard or it's partners.
(2) Retailers Terms
Gift Cards that you purchase through our Services are issued by participating third-party retailers (“Retailers”). Your purchase of each Gift Card is governed by certain terms and conditions established by the issuing Retailer in addition to these Terms. Retailers set expiration dates for Gift Cards in addition to other restrictions and requirements. Please review all applicable Retailers’ terms and conditions prior to the purchase of any Gift Card. If you have questions relating to the applicable Retailer terms, please contact the issuing Retailer. As the issuers of Gift Cards, Retailers (and not Stocard) are fully responsible for all aspects of their Gift Card programs. Retailers are responsible for all liabilities and costs suffered by you or any other party caused – directly or indirectly – by the Retailer or their products or services. We have no obligation to resolve any dispute between you and any Retailer. Stocard holds no liability for the sale of products or services provided to you by a Retailer. In purchasing a Gift Card from an issuing Retailer, you waive and release Stocard and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of a Retailer. Following the purchase of a Gift Card, Stocard shall not be responsible or liable to you in the event a Retailer discontinues its Gift Cards or is unable to or refuses to redeem a Gift Card (including for reasons of their insolvency, external administration or forced closure).
Gift Cards are free of GST. GST or other taxes are not accounted for until the cards are used to purchase goods. These may be charged separately by the applicable Retailer at the time of purchase.
(4) Cancellations; Returns
Stocard does not offer to exchange or refund Gift Cards.
A re-issue of faulty or damaged Gift Cards is not available unless the fault or damage to the Gift Card is proven to be a result of the production or issuing process or otherwise due to the fault of us or our partners or where otherwise required by law. If you seek a return or refund please contact firstname.lastname@example.org with the reason for your request and proof of purchase for us to review. If any value on a Gift Card has been spent we are unable to process a return or refund unless required to by law. Stocard is not responsible for the refund of purchase price or return of any products purchased from Retailers.
(5) Lost or Stolen Gift Cards
Treat your Gift Card like cash. Lost or stolen Gift Cards will not be replaced or refunded. The bearer of the Gift Card will be taken to be the owner of the Gift Card. If you lose your unlocked mobile device please contact us immediately so we can put a hold on your account. If someone has partially or fully redeemed your Gift Card(s) while your mobile device is lost or stolen, Stocard shall not be liable.
You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been negligence by us. Protect your Gift Card information by viewing it in privacy to ensure no one views and records your Gift Card information. We strongly encourage all users to have a passcode on their mobile device.
Should you have any questions or concerns regarding these Terms, please contact us at email@example.com.
5. Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement and include the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.§ 512:
- A 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- 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; and
- 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.
Send this information to:
Quartier Hoch 4
6. Warranties and Liabilities
(1) We provides Users with access to the App free of charge and, to the maximum extent permitted by law, We shall not be liable for any loss, injury or damage of whatever kind caused in whole or in part by Use of the App or the Content, or by any failure, delay, interruption or otherwise of the provision of the App or the Content, or by Our failure to perform any of Our obligations under these Terms. The Content is provided to Us by third parties and We do not guarantee that the loyalty card numbers, promotions, coupons, information and advice are accurate or valid. You are advised to check any discounts or promotions have been applied and are still valid prior to commit to any purchase.
(2) In no event shall We be liable to You for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit.
(3) To the maximum extent permitted by law, We expressly exclude all representations, warranties, obligations, and liabilities in connection with the App, and the information provided therein.
(4) Links to third party websites and companies may appear on the App. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
You agree to defend, indemnify and hold harmless Stocard, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Stocard Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Stocard Service.
(1) You may print and keep a copy of these Terms, which form the entire agreement between You and Us and supersede any other communications or advertising with respect to the App. These Terms may only be modified with Our prior written consent. We may alter or amend these Terms at any time, with immediate effect and without notice. By continuing to use the App after such alteration, you will be deemed to have accepted any amendment to these Terms.
(2) Subject to your compliance with these Terms of Service, Stocard hereby grants you a non-exclusive, non-transferable license to download, install and Use the App on Your mobile device. This licence is in respect of Your Use of the App only, provided that: (i) your use of the Service as permitted is solely for your personal, non-commercial use; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Stocard's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
(3) These Terms and their performance shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
(4) You agree that because of the unique nature of the App and Our proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm Us and monetary damages would be inadequate compensation. Therefore, you agree that We shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
(5) If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
(6) Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
(7) Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
If you feel that any materials appearing on the App are in objection to your copyright please contact us by e-mailing at firstname.lastname@example.org providing full details of the nature of your complaint and the materials to which the complaint relates.