Terms of Use

1. Introduction

CarteFolie (CF) is an online management service which creates a relationship or link between the merchant and the customer. It comprises of a loyalty program, messaging, email and geo-location features which provide the users with this merchant-customer service. The CF Service is made available through first and foremost, the CF website (www.cartefolie.com) or the CF application which can be downloaded from any app store or app distribution platform for free. Both the site and app provide necessary information and access to the service which makes room for interaction between the users. Do not use the site, CF app or any service related to CarteFolie if you do not agree with the terms of use below. Therefore, take your time to read and understand the terms that are applicable to our site and app.

1.1. Agreement
Before you advance on to the registration of CarteFolie or begin to use our service, you must first agree to all the legal applicable agreements, terms of use, and privacy policies which we have taken the time to make available to you. To show that you agree with our terms, we have a “click to agree” option made available which requires a simple click during the registration process. Once you have clicked this option, it means that you have legally formed a contract between you as a user and CarteFolie and also you justify that you are of the legal age of majority in the jurisdiction in which you reside and have the right and authority to agree to the Terms. If your agreement is on the behalf of a company or other legal entity, you justify that you have the right to combine such entity to the Terms and the terms “you” or “your” shall refer to such entity.

CarteFolie is an online reward program service referred to herein as “CF”, “we”, “us” or any similar term.

2. Your Use of the Site and CarteFolie Apps

If you simply browse the Site or download the CarteFolie App as a “visitor”, you automatically indicate that you agree to use the Site and CarteFolie App in accordance with the Terms. To become a “member” you must register with us for the Service, or to become a “Merchant” you must register with us for certain subscription services and also sign a Merchant Subscription Agreement.  As a user (visitor, member, or merchant) you are required to officially accept the terms of use by clicking the option as stated above when it is made available during the registration process.

2.1 Prohibited Activities
You may not use any “deep-link”,” robot”, spider or other procedure to access or obtain, copy or monitor any part of the site or CF App. You may not try to gain unauthorized access to any part or feature of the Site, or any further system or network connection to the site, or to the services offered on or through the Site and CF Apps by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site, CF Apps or any network connected thereto, nor breach the security or authentication measures on the Site, CF Apps or any network or systems connected thereto. You may not reverse look-up, trace or seek to trace any information on any other User of the Site or CarteFolie Apps to its source, or exploit the Site or Service or information made available by or through the Site or CF Apps, in any way where the purpose is to reveal any information, including but not limited to personal identification other than your own information. You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CF Apps. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, any CarteFolie App or with any other person’s use of the Site or any CarteFolie App. You must not access or use the Site or CarteFolie Apps or accept the Terms if you are a person who is either barred or otherwise legally prohibited from accessing or using the Site or CarteFolie Apps.

2.2 Interruptions and Disabled Accounts
You may sometimes experience interruptions or a halt when using the site and CF App which is as a result of internet issues that are outside our control or technical problems. We cannot assure you that this will not happen however we will try to minimize these issues. In addition, if CarteFolie suspends or terminates access to your account in accordance to the terms, you may be prohibited from accessing the site and your account on the site and CF App.

3. Your Use of the Service

3.1 Your Personal Information and Privacy
Personal Information: During your registration to become a Member of CF services, you will be asked to provide your name, date of birth and your email address. By using the CF Service, we will send you messages via email, related to service broadcasts, notices (including any required by law), changes to features of the Service, special offers and push notifications. We may communicate with you through the app whether you are using an iOS or Android smart phone.

Once you download the CF App, CarteFolie will be able to monitor your usage and location data in order to identify, create and show you content-targeted promotions. By determining your general location through the geo-location feature of the service, the merchant’s special offers can easily be made available to you during your visit or to determine your location in the merchant’s store so that he can provide you with a better service.

Opt-in or Opt-out: When it comes to Merchant Loyalty Programs, you have the right to “opt-in” or “opt-out”. When you opt-in CF will deliver special offers and push notifications from such Merchant to your mobile device however, CF will not be held responsible for the content of the Merchant notifications. You are also free to “opt-out” of the special offers and push notifications. In addition, you may turn off CF’s geo-location feature at any time through the settings on your mobile device. Finally, you can “opt-out” of CarteFolie’s news and announcements when you sign up, or you can use the unsubscribe link at the bottom of any email we send you.

Sharing Your Information: By registering to become a member, you understand and accept that CF will share your information and shopping activity with your registered Merchants. The Service may allow you to share your personal information and activity with other members and publish this information on the internet for example, through social media sites. You will need to take specific action for this to occur. CF is not responsible for unforeseen consequences of sharing (whether intended or unintended) your personal information.

Privacy: CarteFolie has developed a “Privacy Policy” explaining how we collect, use and disclose information. By using this site, the service and/or downloading the CF App, you agree that CarteFolie’s Privacy Policy is applicable to you. Please review the Privacy Policy at http://www.cartefolie.com/privacy. We understand that your privacy is important.

3.2 Eligibility
Membership of CarteFolie is void where prohibited. By using the service and its features, you represent and justify that;

  • You have submitted truthful and precise registration information
  • You will preserve the accuracy of such information
  • You are not violating any applicable law or regulation through your use of the service and its features.

If you provide any false or incomplete information, or given CF a reasonable suspicion that you have done so, or even violated the Terms, CarteFolie has the right to suspend or terminate your account and refuse any or all current or future use of the site and service, including the App, (or any portion thereof).

3.3 Registration and Passwords
You will be required to choose a user name (or email address) and password if you register to become a member or merchant. You are fully responsible for maintaining the discretion of this information and you are not allowed to share your username and password with anyone else to access the service from your account. If you suspect any unauthorized use of your account or access to your password, you must notify us immediately. The use of your account is fully your responsibility so please be cautious in protecting its privacy. As a result of someone else using your password or user name, either with or without your knowledge, you concur that CF will not be liable for any loss that you may incur.

3.4 Prohibited Activities
You have a non-transferable, non-sublicensable, non-exclusive license to access the Service, to download the CF App, to view information enclosed in the service and to interact with the Service solely for your own personal use and not for any commercial purpose, unless you have entered into a Merchant Subscription Service Agreement with us, in which case your use of the Service is also governed by such Merchant Subscription Service Agreement. You agree not to use the Service for any unlawful purpose and you also agree not to use any Content, defined below, from our Service unless the owner has given permission or it is permitted by law. Tampering with the Service, misrepresenting the identity or age of a User, using buying agents or conducting fraudulent activities on the Service are prohibited.

In addition to the disclaimers below, we disclaim all liability and responsibility for the availability, responsiveness, reliability or security of the Service and reserve the right to suspend, modify, or discontinue the Service at any time without notice. CarteFolie is not responsible for any promotions or loyalty programs made available from Merchants through the Service.

4. Content

4.1 Generally
By the word “Content” we refer to the data, images, graphics, audio, video, offers, products, services, and documents including (without limitation) marketing materials, press releases, white papers, product data sheets, and other information and content available on or through, or submitted on or through the Site or CF App.

We may, but are not compelled to allow members and merchants to upload content for display on the Site or CF App (User Content). If we allow this feature, please carefully choose the information you post and provide to other members and/or otherwise make available through the Service. CF does not review the “User Content” prior to posting and is not to blame for the accuracy, value, safety or intellectual property rights related to User Content. Do not include any form of forbidden content, as outlined below. Regardless of this prohibition, the content provided by other members and merchants in their profile, or displayed on the service, may in whole or in part, be unauthorized, or otherwise violate the terms, and we assume no responsibility or liability for this material. If you become aware of misuse of the Service or its features by any person, please click on the “Contact Us” link on the service pages and follow the directions as to how to contact us. We reserve the right, in our sole discretion, to reject or remove any post by you.

If you choose to post User Content, please be aware that your User Content and your public account profile i.e., your name and any photo submitted through the registration process will be available to the public. If you connect your account with a third party account or social media (such as Facebook, Google+, Twitter, etc.) your profile and activity may link to that account as well. You should therefore only post User Content you are comfortable sharing under these Terms of Use.

4.2 Proprietary Rights
You preserve all rights in the User Content you post to the Site or via the CF App, subject to the license herein. As a result of this, you acknowledge that the service may contain content of other members, merchants, and other licensors (Third Party Content). You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any third party content appearing on or through the Service, except as provided within the Terms.

Through your involvement in the user content, or submitting user content to us by posting, you hereby grant to CF an irrevocable, perpetual, worldwide, royalty-free, non-exclusive, transferable, sublicenseable right and license to use, modify, adapt, broadcast, communicate, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such User Content (including any copyright, trademark, publicity or other proprietary rights therein and thereto) in whole or in part, for any purpose, including without limitation in connection with the Site, CarteFolie Apps and on or through the Service. From time to time, we may remove User Content permanently or temporarily.

Make sure you have the rights needed to submit or post your content because you are fully responsible for the consequences of posting a content of your choice. You represent and justify that you own or have the necessary licenses, rights, consents, permissions and releases to publish the content you post and to grant the licenses and rights set forth above. You are also responsible for any fees, royalties or other monies owing by reason of any content you have posted.

Also contained in the service is the content provided by CarteFolie, including, without limitation, text, images and logos (“CF Content”). CF Content is protected by copyright, trademark, patent, trade secret and other laws, and CF owns and preserves all rights in the CF Content as well as in the features and functionality of the Service. As a result, CarteFolie grants you a limited, revocable, non-sublicensable license to reproduce and display the CF Content (excluding any software code) solely for your personal use in connection with utilizing the Service.

4.3 Unauthorized Content and Use of Service
You agree not to use the service to:

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
  • Harm or exploit children or minors in any way.
  • Post any content that is unlawful, destructive, threatening, offensive, harassing, tortuous, sexually explicit, profane, libelous, invasive of another’s privacy, racially, ethnically or otherwise discriminatory, as stated by CarteFolie in its sole discretion.
  • Upload, post, transmit or make available any content that you do not have the right to, under any law or under contractual or fiduciary relationships or that violates a third party’s copyrights, trade secrets, trademarks, privacy right, publicity rights, or other intellectual or proprietary rights.
  • Upload, post, transmit or make available any unsolicited or unauthorized advertising, promotional materials or any other form of unauthorized solicitation including spam, surveys or chain letters.
  • Upload, post, transmit or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Site, the CF Apps or any computer software, hardware or telecommunications equipment.
  • Upload, post, transmit or make available any content that is fraudulent, false, misleading or deceptive.
  • Obstruct or disrupt the site, service, servers, or networks connected to the Site, or refuse to comply with any requirements, procedures, policies or regulations of networks connected to the site, the App and the service.
  • Intentionally or unintentionally violate any applicable local, state, national or international law.
  • Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in.

CarteFolie may refuse to post or delete any content for any or no reason including, without limitation, content that violates our Terms and Privacy Policy. We assume no responsibility for monitoring the site, service, and App for inappropriate content or conduct. If at any time CF chooses, in its sole discretion, to monitor the site and service, we nonetheless assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of a member or merchant submitting any such content.

You are fully responsible for your use of the site, service, the App, and the content that you post on either one, as well as any form of interaction between yourself and other users including material or information that you transmit.

5. Your Use of the CarteFolie App

The following terms apply to your use of the CF App, including when accessed through or downloaded from any app store or app distribution platform. Any such app store or app distribution platform is referred to below as an “App Provider”.

The Terms are concluded between you and CarteFolie, and not with the App Provider. Therefore, we are responsible for the CF App and not the App Provider.

The App Provider has no obligation to furnish any maintenance and support service with respect to the CF Apps.

The App Provider will have no warranty obligation whatsoever with respect to the CF App.

The App Provider, and its subsidiaries, are third party beneficiaries of the Terms only as related to your use of the CF Apps via the app store or app distribution platform and upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce the Terms (as related to your use of the CF App through the app store or app distribution platform) against you as a third party beneficiary thereof.

When using the CF App, you must act in accordance with any applicable terms of use presented by the App Provider

CarteFolie may release updates to the CF App from time to time that you may need to install.

You may not attempt to modify the CF App for the purpose of disguising or changing any indications of the ownership or source of the CF App. For example, you may not remove watermarks, labels or other legal or proprietary notices included in the CarteFolie App.

6. Intellectual Property

6.1 Protection of Our Intellectual Property Rights
You agree that the texts, graphics, user interfaces, editorial content, and software used to implement the site, service, and CF app, as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of such, contains proprietary information and material that is owned or licensed by CF or its affiliates and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except in conformity with the Terms. No portion of the Site, Service or CF App may be reproduced in any form or by any means, except as specifically permitted in the Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the site, service, or CF App in any manner, and you shall not exploit the site, service, or CF App in any unauthorized way whatsoever.

CF reserves the right to change, suspend, or disable your access to the site, service and content, even through the App, or other materials included, or any part thereof at any time without notice. In no event will CF be liable for such change, suspension, removal or disablement.

All rights, title and interest (including copyrights) in and to the site, service and CF App (including the collection of content, postings, links to other internet resources, and descriptions of those resources and related software) are owned by or licensed to CF and its affiliates, who reserve all rights in law and equity not expressly granted to you under the Terms.

The name CarteFolie, CF logo, Site, and other CF trademarks, service marks, graphics, and logos used in connection with the Site, Service and CF App are trademarks or registered trademarks of CF or its affiliates. You are not granted right or license with respect to any of the aforementioned trademarks and any use of such trademarks other than in respect of your use of the site, service and CF app.

6.2 Protection of Your Intellectual Property Rights
CF requires that our users respect the intellectual property of others just like we do. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We have the right to terminate the membership of anyone we suspect to be an infringer. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please click on the “Contact Us” link on the service pages and follow the directions as to how to contact us.

7. Disclaimer of Warranties; Limitation of Liability

7.1 Profiles and third party applications created and posted by members and merchants may contain links to other websites (Third Party Sites). CF is not responsible for the content, accuracy or opinions expressed on such Third Party Sites, and such Third Party Sites are not necessarily investigated, monitored or checked for accuracy or completeness by CF. Inclusion of any linked Third Party Site on the Site, via the CF App or in the Service does not imply that CF approves any of the linked Third Party Site. You access these Third Party Sites at your own risk as CF takes no responsibility for third party advertisements or third party applications that are posted on the site, the app or through the service, nor does it take any responsibility for the goods or services provided by its advertisers or merchants.

7.2 CarteFolie is not responsible for the behavior, whether online or offline, of any user of the service including, without limitation, any content posted by a user. In addition, the user content does not necessarily reflect the opinions or policies of CF.

7.3 The Service is controlled from CarteFolie’s facilities in Lebanon. CarteFolie makes no representation that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so of their own volition and at their own risk and are responsible for compliance with local law.

7.4 In no event shall we, our affiliates or our licensors be liable for any damages, claim or loss incurred by you including without limitation, direct, indirect, compensatory, incidental, special, consequential or exemplary damages, or damages for personal injury, business interruption, loss of information, loss of privacy, loss of profit or revenue incurred by you or any third party irrespective whether we were informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action in the aggregate including without limitation breach of contact, breach of warranty, defamation, negligence, strict liability, misrepresentation, and other trots, as well as third party claims arising from your access to, or use of, or inability to the site, service or CarteFolie app.

8. Waiver and Indemnification

By using the site, service and the CF app, you agree to the fullest extent permitted by law, to indemnify and hold CF, its directors, officers, employees, affiliates, agents, contractors, principals and licensors harmless with respect to any claims arising out of your breach of these terms, your use of the site, service and the CarteFolie apps or any action taken by CF’s part of this investigation of a suspected violation of these terms or as a result of its finding or decision that a violation of these terms has occurred. You cannot sue or recover any damages from CF, its directors, officers, employees, affiliates, agents, contractors, principals and licensors as a result of its decision to remove or refuse to process any information or content, warn you, suspend or terminate your access to the site, service and app or take any other action during the investigation of a suspected violation or as a result of CF’s conclusion that a violation of these terms has occurred. This waiver and indemnity provision applies to all violations described or contemplated by these terms.

9. Amendments

We have the right to make changes to the Terms at any time by publishing a revised edition of the Terms on the Site or via the CF App and will take effect from the time at which it is first published. As soon as you use the site or download the CF App, you will be subject to the Terms. Your continued use of the Site and App indicates your acceptance of such updates and changes. You are advised to check the Terms from time to time for any updates or changes that may affect you. The date stated at the beginning of these Terms of Use is the time it was last modified. If you are dissatisfied with the Service, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the service. The Terms are the entire agreement between you and CF with respect to your use of the Service.

10. Term and Termination

Although our aim is to provide you with excellent service for a long period of time, you may cancel your CF account at any time, for any reason, with no further obligation to CF by following the instructions available from the Service, unless otherwise agreed to by you and CF. You may also terminate your Membership at any time, for any reason, by providing a written notice to us.

We have the right, in our sole discretion, to refuse to post or remove any content posted by you, or to deny, restrict, suspend, or terminate your access to all or any part of the service at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the service if we determine, in our sole discretion, that you have violated the Terms, pose a threat to us, our suppliers, our merchants and/or our users or for any other purpose we determine in our sole discretion.

11. Third Party Rights

Except for our affiliates and as otherwise stated here, no persons shall be third party beneficiaries to the Terms.

12. Assignment

You may not hand over or transfer any or all rights and obligation under the Terms, in whole or in part, by operation of law or otherwise, without the prior written approval of CF. Any attempt to assign or transfer without such approval will be null. CF shall have the right to assign, novate or otherwise transfer all or any of its rights and obligations under the Terms and you shall enter into any documents required by CF to make this happen.

13. Enforceability of Terms

The failure of CF to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.