Last update: Apr 3, 2024 at 16:10
- DEFINITIONS
“Account” means a unique account created for You to access our Service or parts of our Service.
“Affiliate(s)” means any company or legal entity which controls a Party, or is controlled by a Party, or which is controlled by an entity which controls a Party. In the case of SOLEVO, references to “Affiliates” shall be expressly restricted to the SOLEVO MEA Entities.
“Application” refers to Solevo Retail and Mon Solevo the software program provided by the Company.
“Control”, means the ownership directly or indirectly of more than fifty (50) percent of the voting rights in a company or other legal entity.
“Counterparty” means any contractual counterparty who has concluded a Contract with SOLEVO;
“SOLEVO” or the “Company” means SOLEVO Holding B.V. or any of its Affiliates (referred to as either “the Company”, “We”, “Us” or “Our” in these Terms of Use);
“Party” means SOLEVO, You or any individual counterparty;
“Parties” means SOLEVO, You and any counterparty;
“Personal Data” is any information that relates to an identified or identifiable individual.
“Service” refers to any feature of the Applications Solevo Retail and Mon Solevo
“Service Provider” means any natural or legal person who processes or stores the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.
“Usage Data” refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- SCOPE OF APPLICATION
These terms apply to all, actions, requests or contracts concluded between SOLEVO, You and any Counterparty and/or Counterparty’s Affiliates on the Solevo Retail and Mon Solevo Applications.
No variation of these terms shall bind Us unless agreed in writing by an authorized representative of SOLEVO.
- SERVICE
Solevo Retail and Mon Solevo is a loyalty program providing points and/or gift cards and/or vouchers to customers while carrying out advertisement about the services and products of the Company.
Two types of points are awarded for valid purchases on the Applications. ‘Reward Points’ collected will be valid indefinitely with no expiry. ‘Tier points’ collected will be valid until the end of the calendar year of collection.
‘Reward Points’ are redeemable for gift card and/or vouchers offered on the Store within the Applications. No points will be redeemable for cash or any other form of credit.
You acknowledge that:
(1) We do not warrant that the customer’s use of the Service will be uninterrupted or error-free;
(2) We do not warrant that the Service or information obtained by You through the service will meet Your requirements;
(3) We do not warrant that prices, quantities, availability, or location of the products will be error-free. Only written confirmation from the Company will be considered as binding.
(4) We are not responsible for any delays, delivery failures or any other loss or damage resolution from the transfer of data over a communication network, out of Our control;
(5) Gift cards and/or vouchers redeemed against points may be issued by third parties, all general terms and conditions of such third party being fully applicable to You.
(6) SOLEVO reserves the right to disable the Your access to the Service.
From time to time, We may perform maintenance and upgrades to the Service, which may result in interruptions, delays or errors in the Service. We will use commercially reasonable efforts to notify You in advance of any planned maintenance, but We cannot guarantee that such notifications will always be provided.
- USER OBLIGATIONS
You may not use the Service for any illegal purpose, or in any way that violates these terms. You are responsible for all activities, actions, omissions and content provided by any user when using the Service.
We expect You not to:
(1) Publish, post or in any other way express any material or information that is inappropriate or unlawful;
(2) Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute the Service, any part thereof or any material or information that You receive, or are granted access to, from Us;
(3) Monitor the Service availability, performance or functionality for any competitive purpose or purpose beyond the intended purpose of the Service;
(4) Violate the restrictions on the Service, work around, bypass or circumvent any of the technical limitations of the service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service.
- USER ACCOUNTS
You are responsible for providing Us with complete and accurate information when creating a user Account. SOLEVO reserves the right to restrict access to the Service if it is identified that You provided Us with inaccurate, incomplete or untrue information.
You are responsible for ensuring that the information provided is up to date and You need to follow standard security procedures for keeping Your password information safe and secure.
Each account is strictly personal and cannot be transferred or shared with another individual or entity. You will be, therefore, rewarded with points and/or vouchers and/or gift cards, which will correspond to your own purchases from the Company. The Company reserves the right to cancel or claim back any rewards that contravene this requirement.
- USAGE DATA
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
- USE OF YOUR DATA
The Company may use Personal Data for the following purposes:
(1) To provide and maintain Our Service, including to monitor the usage of Our Service.
(2) To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
(3) For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
(4) To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
(5) To provide You with news, special offers and general information about other goods, services and events which We offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
(6) To manage Your requests: To attend and manage Your requests to Us.
(7) For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
(8) For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of Our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With Affiliates: We may share Your information with Our Affiliates, in which case We will require those Affiliates to honour these terms. Affiliates include Our parent companies and any other subsidiaries, joint venture partners or other companies that We Control or that are under common Control with Us.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
- RETENTION OF YOUR PERSONAL DATA
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in these terms. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if We are required to retain Your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Personal Data and the exchanges with You will be thus kept for a period of five (5) years following the end of the commercial relations, in order to enable Us to demonstrate compliance with our legal or contractual obligations where applicable. It will then be permanently destroyed.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
- TRANSFER OF YOUR PERSONAL DATA
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located (including external Service Providers). It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to these terms followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with these terms and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Storage of Your Personal Data will be managed by the following Service Providers:
- Dynamics 365
- Postgres
- Google Firebase
- Google Crashlytics
- Google Analytics
If, as part of our Service, We were to also process Personal Data on Your behalf, You will act as the data controller and We will act as the data processor in accordance with the applicable regulations.
- RECTIFY OR DELETE YOUR PERSONAL DATA
You have the right to access, rectify or delete or request that We assist in rectifying or deleting the Personal Data that We have collected about You.
Our Service may give You the ability to rectify or delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by signing in to Your Account, if You have one, and visiting the account settings section that allows You to manage Your personal information. You may also contact Us by email to request access to, correct, or delete any personal information that You have provided to Us to the following address: [email protected].
Please note, however, that We may need to retain certain information when We have a legal obligation or lawful basis to do so.
In the event that You request rectification or deletion of Your Personal Data, We may no longer be able to fulfil all our obligations and/or services, in particular regarding developments of products or features.
- DISCLOSURE OF YOUR PERSONAL DATA
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to different terms.
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation;
- Protect and defend the rights or property of the Company;
- Prevent or investigate possible wrongdoing in connection with the Service;
- Protect the personal safety of Users of the Service or the public;
- Protect against legal liability.
- SECURITY OF YOUR PERSONAL DATA
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
- INTELLECTUAL PROPERTY
All copyrights, trademarks, trade names, logos and other intellectual property rights held and used by SOLEVO is SOLEVO’s property or third party licensors’s property. The service and other information, including associated intellectual property rights, provided and made available, remain SOLEVO’s exclusive property. You may not use the property for commercial purposes or any other purpose without SOLEVO’s prior written consent.
- CUSTOMER SERVICE
We offer customer support services during normal business hours and we are happy to help if you have any questions or complaints relating to the Service.
Customer support is available through 10-16h CET/CEST during work days by email to [email protected].
- GOVERNING LAW
This Contract and any non-contractual obligations arising out of or in connection with it and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the laws of England and Wales. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Contract.
- FORUM
The U.N. Convention on Contracts for the International Sale of Goods (1980); the Uniform Law on Sales and the Uniform Law on Formation to which effect is given by the Uniform Laws on International Sales Act 1967; the United Nations Convention on Prescription (Limitation) in the International Sale of Goods of 1974 and the amending Protocol of 1980; shall individually and collectively not apply to this Contract.
Subject to the below provisions, any and all disputes arising out of or under the Contract, and/or any claim regarding the interpretation or execution of the Contract, and/or any non-contractual obligations arising out of or in connection with the Contract shall be determined by arbitration in accordance with the GAFTA Arbitration Rules, No 125 (“the Rules”), in the edition current at the date of the Contract, and the Rules shall be deemed incorporated into and form part of the Contract, save that in the event of any inconsistency or discrepancy between the Rules and the Contract, the relevant Contract term(s) shall prevail over the inconsistent or discrepant term(s) of the Rules.
Neither Party to the Contract, nor any persons claiming under the Contract shall bring any appeal or enforcement proceedings against the other in respect of any such dispute, or claim until such dispute or claim shall first have been heard and determined by the arbitrator(s) or a board of appeal, as the case may be, in accordance with the Rules and the obtaining of a final award from the arbitrator(s) or board of appeal, as the case may be, shall be a condition precedent to the right of either party to the Contract or of any persons claiming under the Contract to bring any appeal or enforcement proceedings against the other of them in respect of any such dispute or claim.
Nothing contained in this clause shall prevent the Parties from seeking to obtain security in respect of their claim or counterclaim via legal proceedings in any jurisdiction, provided such legal proceedings shall be limited to applying for and/or obtaining security for a claim or counterclaim, it being understood and agreed that the substantive merits of any dispute or claim shall be determined solely by arbitration in accordance with the Rules.
However, notwithstanding the provisions as set out above, in cases where neither the claim nor any counterclaim exceeds the sum of USD 250,000, the arbitration shall be conducted by a sole arbitrator in accordance with the GAFTA Simple Disputes Arbitration Rules, No. 126 (“the Simple Disputes Rules”), in the edition current at the date of the Contract, and the Simple Disputes Rules shall be deemed incorporated into and form part of the Contract, save that in the event of any inconsistency or discrepancy between the Contract and the Simple Disputes Rules, the relevant Contract term(s) shall prevail over the inconsistent or discrepant term(s) of the Simple Disputes Rules.
The unsuccessful Party in any arbitration proceedings arising out of the Contract shall pay the successful Party’s legal costs, as agreed or as assessed by the Tribunal in the event agreement cannot be reached, and the arbitrator(s) or a board of appeal, as the case may be, shall, on application by the successful party, include an order as to such fees in its Award.
- OTHER TERMS
These General Terms of Use may be amended from time to time without notice and any changes will take effect immediately upon publication on our website at [website link].
Unless otherwise specifically stated, these General Terms of Use shall prevail in the event of any conflict or inconsistency with any other communications.
If any of the provisions contained herein are found to be invalid, unlawful or unenforceable, such terms shall be severable from the remaining terms, which will continue to be valid and enforceable.
The Company may delay enforcing its rights without forfeiting.
The language used for or in connection with these General Terms of Use shall be the English language.
