Legal notice

Identification data

In compliance with the provisions of Article 10 of Law 34/2002, of 11 July, on information society services and electronic commerce, we hereby provide the necessary details of the owner of the website dcoupon.com (hereinafter the “Website”) providing the service:

  • Name or company name: SCANBUY RETAIL, S.A.
  • Identity number or tax identification number: A-88093232
  • Residence or address: Calle José Castán Tobeñas 1, 28020 Madrid (SPAIN).
  • E-mail address: info@dcoupon.es
  • Email address of the Data Protection Officer: dpo@dcoupon.eu
  • Contact telephone number: 91 794 20 60
  • Details of your registration in the Commercial Register: Madrid Commercial Registry, volume 37.613, folio 91, section 8, page M-670.308

The owner of the Website (hereinafter “SCANBUY RETAIL”) manages in Europe on behalf of SCANBUY, Inc. the applications for iOS and Android called “dcoupon” for the territory of Spain.

dcoupon

SCANBUY RETAIL offers its users a cloud-based digital discount coupon generation, storage and redemption service (hereinafter referred to as “Coupons”). SCANBUY RETAIL makes available to its users digital coupons based on GS1 standards in order to be redeemed at authorised and appropriately authorised points of sale (hereinafter, the “Service”).

The Service is for personal use only and any commercial or other use other than personal use is prohibited. In this sense, users may use the Service to (i) obtain information about offers, coupons and, if applicable, access them; and (ii) redeem offers and coupons.

Recipients

The User will be any individual, who accesses and/or uses, by any means, any of the content and/or services of the SCANBUY RETAIL, either through the areas for which prior registration is required (use of the Service) or by freely accessing without registration.

The use of the Service by persons under the age of eighteen (18) is prohibited, except in those cases in which the minor acts with the knowledge and consent of their parents. Therefore, SCANBUY RETAIL will not be responsible for the consequences that may arise from registration and access made by persons under this age.

SCANBUY RETAIL does not assume any responsibility in the event that Users provide false information.

General Conditions of Use

The purpose of these general conditions of use (hereinafter referred to as the “Conditions”) is to regulate the legal conditions of use of the Service, as well as its access, navigation and, in general, the relationship between the owner of the Service and the Users. Those who freely access the Service are obliged to observe them. Access to and browsing in the Service implies express and unreserved acceptance of these conditions.

The use of the Service implies the acceptance of these Conditions together with the Privacy Policy. If the User does not accept these Conditions, he/she must refrain from using the Service.

SCANBUY RETAIL reserves the right to modify these Conditions at any time and at its sole discretion, and we therefore advise the User to review them frequently.

Use of the Service

To use the Service, Users must register with the Service. To do so, the User must provide the information required on the registration form. The User undertakes to provide accurate, truthful and up-to-date information. Alternatively, the User may register with the Service using the social network Facebook, Google, or Apple. Also, it is included the possibility to access anonymously to the service through the option “Go on Without Signup”

Registration with an e-mail address

The User must provide his or her e-mail address, as well as any other mandatory information requested. Similarly, during the registration process, the User will be asked to provide a password to access the site. The User is solely responsible for maintaining the confidentiality of his/her account and password. In this regard, the User agrees to keep his or her password confidential, as well as other identifiers for his or her account.

Registration with Facebook, Google, or Apple

The user must click on “Continue with …” of the service desired. They will then be redirected to the page to register in this service, where they must log in and expressly authorise SCANBUY RETAIL to provide their public information. The User is solely responsible for maintaining the confidentiality of his/her Facebook account and password, which grants access to his/her dcoupon account.

The User agrees to notify SCANBUY RETAIL of any unauthorized use of their password or account identifiers by emailing info@dcoupon.es.

SCANBUY RETAIL shall not be liable for any loss or damage suffered by the User as a result of non-compliance with the provisions of the previous paragraph, as well as with these Conditions.

Access without registration

The user must click on “Go on Without Signup”. They will then be redirected to the page to expressly authorise the terms and conditions and the privacy policy

SCANBUY RETAIL RESERVES THE RIGHT TO ALTER OR ELIMINATE THE SERVICE; OR TO SUSPEND OR CANCEL THE USER’S ACCESS TO THE SERVICE, AT ANY TIME AND FOR ANY REASON, WITHOUT PRIOR NOTICE TO THE USER. SCANBUY RETAIL SHALL NOT BE LIABLE IN ANY CASE FOR THE POSSIBLE CONSEQUENCES OF SUCH MODIFICATIONS.

Unauthorised conducts

Users must observe applicable legislation, codes of ethics and these Conditions. SCANBUY RETAIL reserves the right to immediately disable or block access to the Website for any User, as well as to modify the information it deems appropriate in the event that the User infringes the rights of third parties or that the User is considered to be making incorrect, excessive or abusive use of the Website in accordance with these Conditions.

For these purposes, incorrect, excessive and/or abusive use will be considered to be any use that goes against the general principles of good faith, morals and public order, that causes or may cause damage to the Web Site and/or to third parties and to their respective interests, including copyright and behaviour aimed at disabling or deteriorating the operation and usability of the Web Site, as well as any use that violates any specific instructions and/or warnings that may have been communicated by SCANBUY RETAIL or the personnel designated by it for this purpose. In particular, the following conduct will be considered as such, by way of example but not limitation

  • Denigrating the Service provided by SCANBUY RETAIL.
  • The use of computer viruses or any other code, file or program that is designed or intended to interrupt, damage or limit the operation of any software, hardware or telecommunications equipment, or damage or obtain unauthorised access to data or other information on the Website or from any third party.
  • Access, attempt to access, manipulate or use non-public areas of the Service or its computer systems, systems or delivery techniques, or otherwise interfere or attempt to interfere with the proper working of the Service.
  • Remove technical protections from computer programs or attempt to test the vulnerability of any system or network on the Website or violate any security or authentication measures.
  • Use false identities or impersonate others in the use of the Web Site, including the use, where appropriate, of third party passwords or access codes. In particular, choosing a User name that infringes the rights of third parties, that personifies one of the employees of SCANBUY RETAIL or other users, that is deliberately confusing, offensive, racist, obscene, harmful, illegal or inappropriate in any way, or that breaches current legislation or regulations.
  • Copy, modify or distribute content from the Website and the Service, by any means, including through robots or other automatic devices.
  • Displaying the content of the Web Site and/or the Service on services, pages or applications of third parties or establishing a link to the Service without the written consent of SCANBUY RETAIL
  • Use the Service for commercial purposes.
  • Allow others to use your User account, including, but not limited to, renting, leasing, lending, selling, reselling, licensing to third parties, distributing or transferring the licenses granted herein.
  • Associate content of the Website with information or comments that violate respect for human dignity, are discriminatory, attack youth or children, are racist, violent or inciting to hatred (including the advocacy of terrorism), are pornographic, relating to any type of exploitation of a racist, xenophobic nature or linked to terrorism or arms trafficking or any other that, in your opinion, is not appropriate for the Website.
  • Promote, carry out, support or encourage actions that are contrary to free competition or that constitute unfair competition.

Procedure for the use of digital coupons and their redemption

In order for the Coupons to be associated with the User’s account, the User must choose a coupon and associate it with his/her User account. This can be done through the following procedures:

  • Scanning of a promotion QR code.
  • Clicking on a link or image with a link.
  • Selecting promotions on websites or apps of the service or affiliates to acquire a Coupon.
  • Selecting the coupon received in an app notification.

The above procedures will not involve any direct cost to the User. Once the User has a coupon associated with his/her account, he/she can redeem it at one of the establishments participating in the promotion. In order to carry out the exchange, the Coupon must be active at the time of the exchange.

Redeeming procedure

In order for the User to redeem a Coupon, he/she must go to one of the establishments participating in the promotion to purchase the article(s) in question, respecting the specific conditions associated with each Coupon.

Before paying for the article(s), the User must indicate to the staff attending him/her that he/she has coupons to redeem via the dcoupon platform. The following methods are available to the User to carry out the redemption

  • Scanning a loyalty card of the participating establishment that has been previously linked to the User’s account.
  • Entering a temporary numerical key generated in their dcoupon account in the cloud. This numeric key can also be provided by means of a QR code.
  • For online sales, the User must enter their dcoupon username and password.

Once the User has been identified, the corresponding discount will be applied to their final invoice.
Important: Only coupons that can be redeemed:

  • Are applicable to the purchase made by the User, through compliance with the specific conditions of each Coupon.
  • Are active at the time of redemption.

Intellectual property

Legal protection of content

SCANBUY RETAIL is the owner or licensee of the rights to the exploitation of the intellectual and industrial property of the Website, including all the Content and elements of the Website (including, but not limited to, text, images, audio and video) available from the Website, as well as those hosted on third party sites, either because they are owned by SCANBUY RETAIL, or because it has obtained the appropriate rights for their use. Likewise, the owner has obtained the appropriate authorisations relating to image rights from those who appear on its Website.

The total or partial reproduction, copying or distribution of the Content is prohibited without the owner’s express authorisation. Under no circumstances shall it be understood that the User’s access and browsing implies a waiver, transmission, licence or total or partial assignment of these rights by the owner of the Web Page. Likewise, it is forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, transmit, use, treat or distribute in any way all or part of the Content and elements of the Web Page for public or commercial purposes, without the express written authorisation of the owner of the Web Page.

Therefore, in accordance with the previous paragraph, the User may, in addition to viewing the Contents and elements of the Web Page, make prints, copies or downloads of them provided that such actions are exclusively for his personal and private use.

It is also forbidden to use the owner’s contact details (postal address, telephone number, e-mail address) to send any type of commercial communication, unless the necessary authorisations have been obtained beforehand in accordance with the applicable regulations.

Associated brands and logos

The brands incorporated in the Web Page belong to their owner or to third parties, with their authorization for their use in the Web Page.

Those who browse the Web Page are prohibited from using said brands, logos and distinctive signs without the authorization of the owner or license to use them.

Responsibilities

Suspension of the Website

The operation of the Website is supported by servers from service providers, connected by public and private communications infrastructure.

The owner of the Web Page will do everything possible to guarantee the correct functioning of the same, however, he cannot guarantee the absence of interruptions for technical reasons in order to carry out repair work, and/or maintenance or lack of coverage or failures in the equipment and/or networks necessary for data transmission, which are beyond his control.

Thus, access to the Website may be suspended for reasons of force majeure (unforeseeable causes or causes which, whether foreseen or unavoidable, are expressed below by way of example, but not limitation):

  • Failures in the electricity or telephone network supply,
  • Attacks with viruses to the servers that support the Web Page,
  • User errors in accessing the Website,
  • Fires, floods, earthquakes or other natural events,
  • Strikes or labour conflicts,
  • War or other situations of force majeure.

SCANBUY RETAIL is exonerated from any responsibility should any of the circumstances indicated in this stipulation materialise.

User responsibility

The User shall use the Website at his own risk. By accessing it, he or she agrees to use it in accordance with the provisions of applicable legislation and codes of ethics, as well as with these Conditions.

Failure to comply with any of the rules included in these Conditions or with the legislation under which they are covered, will give rise to the responsibility of the User towards SCANBUY RETAIL and/or towards third parties, for any damage or harm that may be caused as a consequence of this failure, regardless of whether this involves the materialisation of an illicit act, an administrative sanction, a misdemeanour or a crime, and will entitle SCANBUY RETAIL to, where applicable, demand that it be held responsible in the civil, administrative, labour or criminal field that may correspond.

Responsibility of the holder

SCANBUY RETAIL is not responsible for any damage caused to the User or third parties as a consequence of a breach attributable to the User, nor for any alteration to the User’s equipment.

SCANBUY RETAIL may temporarily deactivate Coupons, in the event that, for reasons beyond the control of SCANBUY RETAIL, the issuer of the coupons fails to comply with the terms of their agreement with SCANBUY RETAIL for their continued participation in the Service. Similarly, the Coupons may be reactivated once the issuer of the Coupons has remedied the breach of its agreement with SCANBUY RETAIL. The inactivity of a Coupon does not prevent it from expiring. SCANBUY RETAIL does not assume any responsibility for the availability of the Coupons, the correct application of the Coupons, their discounts and promotions and the inability to use them.

Nor does it assume any responsibility for illegitimate interference through the use of computer viruses or other viruses, whatever their origin, the improper use of the website by the user, or security errors caused by the incorrect functioning of the terminal equipment used by the user.

Hyperlinks

The mentions that may be made on the Website to other third-party websites will be for information purposes only. The owner of the Web Page does not develop or administer these pages nor is he the owner of the aforementioned Internet addresses unless this is expressly indicated. For this reason, he will not be responsible for the contents that they incorporate, nor for the damages or harm derived from said access, nor for those generated by the services they provide.

  • The owner of the Website authorises the establishment of links and hyperlinks from other websites on the Website. However, anyone who intends to establish a link between their website and the Web Page shall do so in compliance with the following conditions:
  • The web page in which the link is established shall not contain information or content that is illicit, contrary to morality, good customs, public order or any rights of third parties.
  • It shall not be stated or given to understand that the owner of the Web Page has expressly authorised the link or that he has previously supervised, assumed or recommended in any way the services offered or made available on the website that establishes the link to the Web Page. It is therefore recommended that anyone surfing the Web Page should exercise caution in assessing and using the information, content and services available on the linked sites.
  • The establishment of the link does not imply, in any case, the existence of a relationship between the owner of the Web Page and the owner of the Web site in which the link is incorporated.

Protection of personal data

The owner of the Website undertakes to process the User’s personal data in accordance with the provisions of the legislation in force in this area. Specifically, it undertakes to apply the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the Guarantee of Digital Rights and the General Data Protection Regulation 679/2016 of 27 April 2016. Complete information on this subject can be found in our Privacy Policy.

Resolution

If the User fails to comply with any of the Terms of this document, SCANBUY RETAIL may terminate the agreement between you and SCANBUY RETAIL for the provision of the Service. This implies the loss of access to the same, as well as all the Coupons which may be associated with the User’s account, without the User being entitled to any type of compensation. SCANBUY RETAIL will not be liable to the User or third parties for the termination of this agreement.



Invalidity

If any provision of these Terms and Conditions, or its application in any circumstances, is held to be invalid, it shall not affect the validity of the remaining provisions of these Terms and Conditions.

Customer service department

Should the User encounter any difficulty with the use of the Service, he may contact our customer service department by e-mail at info@dcoupon.es. Our customer service department is at the User’s disposal to solve most of the problems the User may experience. SCANBUY RETAIL will make every effort to resolve any dispute, claim, question or negotiation in good faith, through the customer service department.

Applicable legislation and jurisdiction

Those relations established between the User and the owner of the Web Page shall be governed by the provisions of the legislation in force in relation to the applicable regulations and the competent jurisdiction, the rules of the Spanish legal system being applicable.

For those cases in which it is possible to submit voluntarily to a specific jurisdiction, the owner of the Web Page and the User, expressly renouncing any other jurisdiction, shall submit to the Courts and Tribunals of Madrid, unless the legislation establishes otherwise.


Submission to arbitration

We inform you that, in accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to go to court, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement and may finally suggest and/or impose a solution to the conflict.
You can consult and file a complaint here:


http://ec.europa.eu/consumers/odr/

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