● Conditions of Use- Acceptance of terms and conditions
● Changes to the Terms and Conditions
● Information Contained in iClient
● Conditions of access and use of the site
● No license to use intellectual property
● Property of goods and services
● Exclusion of guarantees and responsibilities
● System Requirements
● Server Cut
● Modification of the Website and App
● Duration and Termination
● Competent Jurisdiction and Applicable Law
The Site : It refers to both the web portal www.iclientapp.com , as well as the App “iClient”, “iClient”, where the points accumulation and exchange service is developed, which will be developed later.
The service : Refers to the balance and exchange accumulation system provided by both the App and the website www.iclientapp.com .
User : Refers to the visitors of the website and the App that use its services. In turn this user can be a customer or a consumer. When only “User” is spoken, it will be referred to in any of the conditions.
Client User : Refers to the stores that adhere to the use of the Site service, allowing those consumers who make purchases in these stores, to use the balance and exchange accumulation system provided by The Site.These client users will be part of the Register of Adhered Merchants (RCA), which will be made up of the different Merchants that adhere to the iClient service that wish to offer this service to the consumers of said merchants.
Consumer User : Refers to the people and / or entities that make purchases in the shops attached to the service of the Site; and that by virtue of the amounts of money spent by the user in the affiliated shops, they may make use of the balance and exchange accumulation system ; not only in the shops where the purchases are made, but also in the rest of the stores that are part of the iClient service.
Balance : Refers to the exchange margin that the consumer user has to obtain products or services in shops attached to iClient. This balance arises from a percentage of the amount of money used in each purchase made by the consumer user in stores belonging to client users; and that will then serve the consumer user to exchange for products and services in shops attached to iClient.
T&C : Refers to the General Terms and Conditions that regulate the use and services provided by The Site.
1. CONDITIONS OF USE – ACCEPTANCE OF TERMS AND CONDITIONS.
The use of the service will be subject to the following terms and conditions of use, hereinafter the “Terms and Conditions”, which must be met by the users thereof, whether customer or consumer, to which this text will also be referred to hereinafter as “You.”. The use of the service attributes to the visitor, the condition of User and implies their full and unreserved acceptance of each and every one of the provisions included in these “Terms and Conditions” in the version published by iClient at the same time as the User access the Site. Consequently, the User must carefully read these “General Terms and Conditions” on each of the occasions in which he intends to use the Site, since they may undergo modifications.
The use of the services offered to Users through the Site are subject to particular conditions (hereinafter, the “Particular Conditions”) that, depending on the case, substitute, complete and / or modify these “General Terms and Conditions”, and that exist in the annex (hereinafter “the Annex”) to these T&C that iClient will sign with the Client Users.
2. CHANGES IN THE TERMS AND CONDITIONS
iClient periodically reviews the Terms and Conditions, being able to make changes, which will take effect from the moment they are introduced to the text. iClient reserves the right to modify, at any time, unilaterally and without prior notification to its users, the contents, structure, operation or access conditions of this site. The modified version of the Terms and Conditions will be published on the site and you will be notified on your next login as a user. If you do not agree with the Modified Terms and Conditions you must stop using the Service. Your use of the Service after the Modified Terms and Conditions have been published will constitute your acceptance of the Modified Terms and Conditions.
Likewise, iClient reserves the right to temporarily suspend, without prior notice, access to this site for maintenance, updating, improvement or repair operations.
iClient has the ability to issue warnings, temporary suspensions and permanent cancellations (cancellation) of registered Users for violations of these Terms and Conditions, as well as other regulations of use and instruction made known to the User by iClient. In that sense, iClient reserves the criterion regarding when and how to impose warnings, sanctions and / or disciplinary actions. The severity of a breach and number of occurrences are taken into account in decisions, but these are not the only measures used.
In case of breach of these Terms and Conditions, iClient will have the right to provisionally terminate the Registered User of the Site, prior warning of it. The withdrawal warning will be unnecessary when there are special circumstances that justify the immediate withdrawal of the registered User.
3. INFORMATION CONTAINED IN iClient
iClient will collect information about you or your company only when it considers that it is reasonably necessary or useful for the processing or administration of products and services that you have requested, or to keep current information about the products or services that you want to offer through our RCA ( Registered Merchants Registry).
We collect private information from the following sources: – Information received in applications, surveys, online registrations, or other forms, – Information we receive from our clients, including information related to their credit history. This information will be referred to as “user information.”
Once the User’s data has been registered, iClient will not sell, rent or share personal information, except in the ways established in its policies, and in the limits allowed by current regulations. It may happen that under judicial orders, or legal regulations, iClient is forced to disclose information to the authorities or third parties under certain circumstances, or in cases where third parties may intercept or access certain information or data transmissions, in which case iClient will not respond for the information that is disclosed.
The User authorizes iClient to keep their data once the contractual relationship is terminated, in order to comply with the relevant legal obligations, and so that they can receive advertising information and commercial offers.
The User is assisted by the right of access, rectification, opposition and cancellation of personal data, which may be exercised through the contact option we make available.
The user is responsible for the veracity of the data provided by him, reserving iClient the right to exclude it, impose the sanctions or make the respective complaints, in case of verifying their falsity or inaccuracy.
The User, by the simple fact of registering and / or using the services of the Site, accepts that he sends all kinds of advertisements and advertising (including, but not limited to commercial emails, brochures, letters, etc.) to his address physical and / or virtual declared, with the news, offers and promotions of the services it provides.
In any case, if the User does not wish to continue receiving such communications, he may revoke the authorization of receipt granted by this, for which he must contact iClient through the Site, in order to be removed from his database.
The user through the different areas that are part of the website can visit, obtain information and make use of the service. The information contained in our RCA is consulted by our users. All hiring process is done with affiliated businesses accepted in the RCA.
Client and consumer users do not retain, disseminate, store or use information for any purpose other than those stated.
Users unequivocally accept and grant their consent to transfer any database under their responsibility, to a data center provided by iClient, in their own or other facilities, national or international physical location, and that iClient confirms that it complies with the confidentiality policies and appropriate security measures to generally prevent failures related to stored data, loss, misuse, alteration, unauthorized access, theft, fire protection, flooding or any other natural disaster. All data provided by users of this website will be treated with absolute confidentiality.
All of this and nevertheless, the user must be aware and is expressly warned that Internet security measures are not impregnable.
iClient ensures that the information contained in the site is complete, accurate and current. However, iClient is not in a position to verify the accuracy, completeness or validity of all the information offered, so in no case guarantees the accuracy, completeness or validity of the information contained in the site. Nor does it guarantee that the functional aspects of iClient are free of error, or that iClient, or the server that makes it available to the User is free of viruses or any other component of a harmful nature, nor does it guarantee that the files that are found Available for download are free of infection, viruses or other manifestations of contaminated codes or destructive properties. iClient, is not responsible for direct, indirect, anticipated or unforeseen damage, or any other, that may cause the User information processing system.
Through the site, iClient makes it easier for Consumer Users to access the register of Merchants Adhered to the site, so that consumer users can find out with which merchants they can obtain balance accumulation with the operations they carry out. In this way, the use of the service offered by the site allows consumers who make purchases in the stores of Customer Users, to accumulate a balance proportional to the amount of each purchase, which can then be exchanged for the obtaining of products or services in any store attached to the iClient service.
The balance value of the product or service obtained through said exchange; as well as the amount of accumulated balance for each purchase in an adhered commerce , are aspects that will be defined in the Annex .
4. a) Mandate. By signing these T&C together with the Annex; the Client User will grant an irrevocable command to iClient to
(i) absorb the amount agreed with iClient as a contribution (which will be reflected in the so-called consumer user balance), for each purchase that a consumer makes in the adhered commerce of a client user.
(ii) retain the percentage corresponding to each balance used by the consumer at the time of making a balance exchange for products and / or services in an adhered commerce.
4. c) Excluded activities. Attentive to the service provided by iCLient, it is expressly established that iClient does not carry out financial activities, nor is it a financial, banking, investment entity, etc. Its activity is limited to just providing a balance accumulation service for a later exchange of the same for services and / or products; where iClient retains a contribution made in its favor by the Adhered Commerce (whose amount is determined in the annex) each time a consumer user makes a purchase at the establishment of a customer (contribution that becomes a balance in favor of the consumer, and that will then exchange it for some service to product in some commerce adhered to iClient). Therefore, the only economic income in favor of the site is produced at the time of making a retention to the client User (whose percentage is agreed in the annex) of the amount exchanged by the consumer in the adhered commerce.
4. d) Billing. The costs for the iClient services in favor of the Client User, will be billed by the site, indicating the fees charged and, if applicable, the withholdings / tax perceptions that were applicable, corresponding to the immediately preceding calendar month. Invoices will include Value Added Tax (VAT) if applicable. iClient will send the invoices monthly within 10 (ten) business days of each month with the billing corresponding to the immediately preceding calendar month.
Upon expiration of a payment obligation by the Client Client to iClient, Client shall have the right to partially or totally withhold the contributions made by the client, until all payment obligations due are canceled; regardless of the corresponding legal actions.
5. CONDITIONS OF ACCESS AND USE OF THE SITE.
5.1. Costs of using the Site for Consumer Users.
Access to the Site by Consumer Users is free.
The cost of the use of the site by the client user will depend on the contribution made by the client user to the site for each purchase made there by the consumer user, according to what is agreed in the Annex.
In turn, the Customer User trade where the accumulated balances are exchanged for products or services, will face the amount of the product or service provided to the consumer user, a retention whose percentage will be defined in the annex; retention that iClient will perform.
5.2. User register.
iClient conditions the provision of the service to the previous subscription of these T&C and their respective annex, by the Merchant that decides to adhere as a Client User. Likewise, it requires the registration on the site of any person or entity that decides to have the quality of consumer user.
The User accepts, by registering as such on the Site, the right of iClient to communicate with him by all possible means and means, including electronic ones, until they request the cancellation of their account in iClient or the requested services , or as far as applicable legislation on the subject allows.
6. NO INTELLECTUAL PROPERTY USE LICENSE.
All content, images, reviews, texts and other Intellectual Property Rights that appear on the Site are owned by iClient or its respective owners and / or authors, without being understood to be assigned in their right of use, reproduction, distribution, commercialization, modification or commercial exploitation in any form, to the User. By virtue of what is established in these “General Terms and Conditions”, none of the rights existing or that may exist in the future on said contents, images, reviews, texts and other Intellectual Property Rights, may be used by the User more beyond what is strictly necessary for the correct use of the Site and the Services offered, and always under the principles of good faith and honest use thereof.
The User may not download, copy, reproduce, republish, send by ordinary mail, transmit, store, sell or distribute the works and other intellectual property rights without the prior written permission of iClient or the owner of the intellectual property right, unless it is a question of downloading a copy on any computer solely for personal, domestic and non-commercial use, provided that the warnings on intellectual property rights and any other property warning remain intact. It is prohibited to modify the content or use part of the Content or the information provided for any purpose other than that established in these General Terms and Conditions.
7. PROPERTY OF GOODS AND / OR SERVICES
iClient is not the owner, manager or administrator of the products and / or services offered by the Users of the Site Customers, and therefore does not guarantee in any way such products and / or services, whether regarding their quality, delivery conditions, price, state, property, guarantee, legality, as with respect to any other aspect; nor does it guarantee the products and / or services advertised on the Site by other users, offering Users or third parties.
The contracting of services or products offered by client users is carried out outside the sphere of participation of iClient and without its intervention. Such contracts, as well as previous contacts and negotiations, are made directly between the Client User and the Consumer User.
The price of the services offered by the Client Users must include all the fees and taxes that are levied on the purchase operation. It is not allowed to request the consumer user, additionally, the payment of salaries, taxes, fees, commissions or any other amount to cover other expenses for the execution of the service offered by the client user.
8. EXCLUSION OF GUARANTEES AND LIABILITY.
8.1. Exclusion of guarantees and responsibility for the operation of the Site and the Services.
iClient does not guarantee that unauthorized third parties cannot have knowledge of the class, conditions, characteristics and circumstances of the use that Users make of the site and of the Services offered by client users.
8.2. Exclusion of guarantees and responsibility for the Contents.
iClient does not control, monitor, or guarantee the absence of viruses or other malicious elements in the Contents that may cause alterations in your computer system (software and hardware) or in electronic documents stored in your computer system.
8.2.2. Legality, reliability and usefulness.
iClient does not guarantee the legality, reliability, usefulness, truthfulness, accuracy, legality, completeness and / or timeliness of its own Content, or those provided by other Users.
8.2.3 . Scope of the Information and Services offered.
The Consumer User acknowledges and accepts that iClient does not control, or supervise, compliance with the legal requirements to offer and sell the products and / or services offered, nor on the ability and legitimacy of the Client Users to promote, offer, rent and / or sell them.
iClient will not be responsible for the correspondence, communication, negotiations, offers or contracting that the Consumer User has with the Client User.
iClient has no obligation to keep information that it has made available to the Consumer Users, nor that it has been sent by the latter or by the Client Users, therefore it assumes no responsibility for it, its modification or deletion on the Site.
It is prohibited for any User or third party to use the Site to make communications with illegal, immoral or promotional offers. The violation of this prohibition could lead to legal proceedings before the relevant authorities, notwithstanding that iClient can take the necessary technical measures to prevent such acts.
10. SYSTEM REQUIREMENTS.
By using the Site, the User accepts that hardware, software and Internet access plays a crucial role in their browsing experience. In that sense, the User accepts that iClient is not responsible for any hardware, software or Internet access problems of the Client and / or Consumer User, and therefore exempts iClient from responsibility for such problems.
The User is solely and completely responsible for the Internet connection expenses, as well as for all the necessary equipment for this, its revision, repair or correction and any other costs or expenses for maintaining them.
iClient reserves the right to automatically check the version of the computer software used by the User to access the Site and / or the Services offered, in order to inform the User that they need to install or update a certain program to access or improve their access to the Portal.
11. CUTTING THE SERVER.
There will be regular periods of server maintenance as well as Site maintenance. iClient will do its best to reduce server downtime as much as possible. However, iClient is not responsible for any damage suffered by the user as a result of maintenance or other downtime of the server or site. The user agrees to exempt iClient from liability for any damage suffered, including loss of profits and emerging damage that may be caused by such events.
12. MODIFICATION OF THE WEBSITE AND APP.
iClient reserves the right to remove or modify any part of the Site or App, at any time and without prior notice.
13. DURATION AND TERMINATION.
The provision of the Site service has, in principle, an indefinite duration. iClient, however, is authorized to terminate or suspend the provision of the service of the Site and / or any of the Services offered at any time, without prejudice to what has been provided in this regard in the corresponding Particular Contracts. When reasonably possible, iClient will previously notify the termination or suspension of the provision of the Site service.
14. APPLICABLE LEGISLATION AND JURISDICTION.
The present “Terms and Conditions” are governed in each and every one of their extremes by the laws of the United States.
iClient and the User, expressly waiving any other jurisdiction, submit to that of the United States Courts and Tribunals.