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MYSHOPI TERMS OF USE

Last modified on 22/12/2014

1. Acceptance of the terms

The website www.myshopi.com and the mobile application myShopi (hereinafter referred to as "myShopi") are offered by Agilys SA, a Belgian company having its registered office at Chaussée de Nivelles 81, 1420 Braine-l'Alleud registered with company and VAT number (BE)0828.907.065 ("Agilys", "us", "we" or any similar expression). The user of myShopi ("user", "you", "your", or any similar expression) can contact us via the "Contact" tab on myShopi or by sending an email to info@myshopi.com

The current myShopi terms of use (the "Terms of Use") are applicable to the access to and the use of myShopi. The Terms of Use should be read together with the other terms applicable to accessing and using myShopi, such as our Privacy Statement and our Cookie Policy. The documents to which there is referred in this paragraph, are collectively referred as the "Agreement".

We strongly advise you to carefully read all documents of the Agreement, as these can contain provisions which may be of high importance to you, such as the way in which (including limitations) you may use myShopi, the way in which your personal data are being processed, etc.

By using myShopi, the user accepts the terms of this Agreement. In case you do not understand (part of) the Agreement, or do not agree with any part of it when reading the Agreement, you are requested not to use myShopi and the services which are offered on it.

Agilys has the right to change or modify the Agreement at any time without prior notice to the user. As a result, please always verify whether you have consulted the latest version of the Agreement and that you agree with its contents. The date on which the terms were last modified is indicated at the top of each relevant document.

2. Services offered on myShopi

2.1. General

myShopi offers the user a variety of functionalities, such as consulting advertisement leaflets of retailers, making use of "cash back" actions, printing vouchers, consulting location and opening hours of shops, etc. This information is provided by third parties (such as retailers or trade mark holders) and the information provided falls under their responsibility.

Agilys has the right, at all time and without prior notice to the user, to extend, modify or stop these services without such creating any rights to compensation to the user.

It is not necessary to register when visiting myShopi. However, in order to use certain functionalities, you may be asked to register first. This is necessary in order to provide you with the requested service. In case of such registration you will again be explicitly asked to accept the Agreement.

In general, the service is offered without charge. Self-evidently, you bear all costs related to the equipment needed to use myShopi (smartphone, tablet, PC, internet connection, etc.) without this creating any right for compensation from our part. In case some services would entail any charges, this will be clearly mentioned. Some of the offered services or advantages (such as cash back actions or the vouchers) may be subject to specific terms. You accept always to consult the specific terms and to accept these prior to agreeing with the service/enjoying the advantage.

2.2. Cash back actions

Some of the services may entail a cash back ("Cash back"). The offers for Cash back are personal and exclusively destined for users of myShopi. The fact that a certain user may benefit from a Cash back does not automatically imply that other users may benefit from it as well.

A product can only be reimbursed once for each person, each smartphone terminal or for each mobile number, email address, bank account number and proof of purchase. The terms of the Cash back action are mentioned in the promotion, such as the validity period of the offer, the amount that it being reimbursed and the proof required to claim the Cash back or a limitation in number of reimbursements. The amount reimbursed is always the amount mentioned in the terms of the Cash back action, regardless of the amount actually paid for the product, the place of purchase, or other costs related to the purchase. When a request for Cash back is made via myShopi, a confirmation email of the request will be sent.

When additional information is needed to perform Cash back, an email will be sent. When Cash back is validated, an email will be sent. Requests for Cash back will be handled by the systems and teams of Agilys. If Cash back cannot be processed with the information supplied, the user will receive a request for additional information (e.g. request to provide proof of purchase or additional proof of identity). Agilys retains the right to request all information needed to establish the identity of the purchaser and the validity of the proof of purchase.

These elements may include (but are not limited to): the proof of purchase or any other proof of the transaction, a copy of the ID card or passport of the user, legitimization of address, packaging of the product with barcode. Agilys can require that these elements are transferred electronically (photo, scan, fax) or by post. In case of absence of one of the elements requested, Cash back can be refused without further justification.

As from the moment Cash back has been approved, this Cash back will be carried our generally within 7 days. The term indicated is indicative only. Agilys reserves the right to change these terms without prior notice.

3. Protection of personal data

In case personal data are being collected and processed, Agilys wishes to respect your privacy rights to the fullest extent possible. Please see our Privacy Statement as well as our Cookie Policy in this respect.

4. Intellectual property

All information on myShopi, including all texts (a.o. advertisement leaflets, vouchers, etc.), photos, films, pictures, data, content and structure of databases on myShopi, software, domain names, trademarks, logos and other content which appears on myShopi (globally referred to as the "Information"), is protected by the intellectual property rights of Agilys or third parties.

Without the prior written agreement of these persons, it is prohibited to store, reproduce, modify, distribute for free or against charge or to transfer in any way which is contrary to intellectual property rights, Information which is offered on myShopi. If you wish, you can contact us in relation to this via the contact details as mentioned under 1.

You only have the permission to consult Information in order to participate in the actions selected by you. myShopi and the Information are merely intended for your personal, non-commercial use. You may not reproduce (unless as mentioned before), distribute, transfer, depict, exploit, change or modify, sell, or create derivative works of the Information or myShopi (or parts thereof). Neither may you use the Information of myShopi in any other way for public or commercial purposes.

Certain trademarks, trade names, registered or not, and logos which appear on or are used in myShopi and/or in the Information, are registered and non-registered trademarks and trade names of Agilys or third parties. Nothing on myShopi will be interpreted as would it grant, implicitly or explicitly, a right or a license to the user to use a trade mark, a trade name or logos on myShopi and/or in the Information.

We reserve any right to act (including undertaking legal action) against each infringement on the foregoing or any other part of the Terms of Use by whatever party.

5. Your use of myShopi

To access, visit or in any other way make use of myShopi, you need to have attained the age of thirteen (13) at least. In case you have not reached the age of eighteen (18), you need to obtain consent of one or both parents or of a legal guardian. myShopi is only destined for and can only be used by persons having their place of residence in Belgium.

You can only use myShopi in accordance with the conditions of this Agreement and in a way which is in compliance with all applicable laws and the way in which a reasonably careful and prudent person would make use of myShopi. As such, you agree amongst others (but not limited to):

  • not to amend, copy or forge receipt (sales slips) or to participate in the actions offered via myShopi in a way which is not allowed on the basis of this Agreement or as a reasonably careful and prudent person;
  • not to use "deep link" or "robot" technology or other automatic of manual devices, software, programs, codes, algorithms or other methods to open, copy or monitor (a part of) myShopi or the Information;
  • not in any way to reproduce or mislead the navigational structure or presentation of myShopi or the Information, or to obtain or try and obtain materials or information via means which are not made available by us on myShopi for this purpose;
  • not to gain unauthorized access to a part or a function of myShopi, to another system or network which is connected to myShopi, or to the servers, systems or networks of one of our commercial partners by way of hacking, collecting password data or by means of any other illegal method by which access to these data is obtained;
  • not to test, investigate or scan the vulnerability of myShopi or any network connected to myShopi, nor to violate the security or authentication tools on myShopi or on a network connected to myShopi;
  • not to monitor or follow the information of other visitors of myShopi or customers of Agilys, including "accounts" not belonging to you, with the purpose of discovering materials or information, including but not limited to personal data;
  • not to perform acts which could cause an unreasonable or unreasonably high load of the infrastructure of myShopi or our systems or networks, or of systems or networks connected to us or myShopi, with the purpose of overloading these systems with a "Denial of Service" or similar attack;
  • not to use devices, technology or methods which may interfere with the correct functioning of the functions on myShopi or with the transactions which take place on myShopi, or which would interfere with the use of myShopi by another person;
  • not to forge head texts or otherwise manipulate identification with the purpose of disguising the source of messages or information sent to us, through whatever website or services offered on it;
  • not to pretend to be someone else, nor to falsely claim to represent another person.
In case Agilys would establish or would have suspicions that a user does not comply with the conditions set out in the Agreement, Agilys reserves the right to deny access to myShopi to this user with immediate effect and without prior notice, for now and for the future.

6. User communication and user generated content

Without prejudice to the way in which we process your personal data (as set out in the Privacy Statement), you accept and agree that all material and all information, suggestions, ideas, concepts, knowledge, techniques, questions, remarks or other communication you send to myShopi or make public on myShopi ("User communication") will be considered as non-confidential and not subject to intellectual property rights. You agree to renounce and waive your right (if any) to be identified as the author of the User communication. Agilys may use User communication to its discretion and for whatever purpose it sees fit without you having any right of compensation, royalties or any other payment on whatever basis.

You guarantee to hold and maintain all contractual and/or legal rights (including all necessary copyrights or any other intellectual or industrial property rights) to upload and place the User communication, and you indemnify us for all claims against Agilys which result from any infringement against this guarantee. We do not accept User communication which is illegal, threatening, slanderous, obscene, pornographic or blasphemous or which constitutes a criminal offence or which incites to criminal behaviour or which could give rise to civil liability, or which could be infringing applicable laws for whatever reason. In addition, you may not upload User communication for purposes of political campaigns, commercial messages, chain letters, mass mailings, any form of "spam" or in any other way Agilys considers to be infringing the use of the service as a reasonably careful and prudent person.

In addition, Agilys will not be liable for the content of User Communication which is uploaded by users. We reserve the right, but are not obliged, to remove User communication containing inappropriate or unacceptable content.

7. Security of your password

Certain functions or services offered on or via myShopi require a registration (including choosing a log-in and a password as well as providing some personal data). It is your own full responsibility to provide accurate and up-to-date data and we cannot be held liable in case you have provided or maintain incorrect or incomplete data and you suffer damages as a result of this. In case you wish to adapt these data, you can contact us or modify your data via your account settings.

In addition, you must take all measures in order to ensure that your password remains confidential and secure, as you are responsible for all transactions which take place by using your account and login details. We advise you to immediately contact us in case you have the suspicion that an unauthorized person has knowledge of your password or in case you suspect or know that your password is being used in an unauthorized way. In case we suspect that security has been impaired or that myShopi is being misused, we have the right to ask you to change your password or to suspend your account. We are not liable for any loss or damage resulting from your failure to secure your password and/or account.

8. Links to myShopi; links of third parties on myShopi

It is prohibited to provide or maintain links from another webpage to a page of myShopi without our prior written consent. Executing or depicting in frames or via a similar technology on other websites of myShopi or of Information or materials which are distributed via myShopi, is prohibited without our prior written consent. Each approved and agreed upon link to myShopi must comply with all applicable laws and regulations of whatever kind.

myShopi may contain links to other websites which are not the property of Agilys. We are not responsible for any content, material or information on such websites which are not the property of Agilys nor being managed and monitored by it.

9. Nature of the service delivery

We make reasonable efforts to keep the information on myShopi as up to date as possible. Notwithstanding this, it is possible that information depicted is no longer accurate, complete or is incomplete in any other way. Although we encourage you to notify us of this, after which we have the possibility to adapt the information, we do not accept any liability resulting from it. Several categories of information provided via myShopi originates from third parties. For this information, we can neither guarantee that this information will be correct, complete, reliable, up to date or impeccable and we are not liable for it. Moreover, we cannot guarantee and do not accept any liability in this respect, that this information (e.g. vouchers) will be in line with applicable laws and legislation (including but not limited to consumer law legislation).

Agilys cannot be held liable for not accepting a promotion. This refusal does not create a right to request Agilys to compensate you for the value of the promotion in any other way. Agilys can neither be held liable in case you are not aware of certain promotions or information as a result of the incorrect or incomplete data you have provided us with.

Further, we make reasonable efforts to secure myShopi with all reasonable means in order to limit potential inconveniences as a result of technical errors to the maximum extent possible. However, we cannot exclude that such errors will occur, and you agree that we are not liable for them. Moreover, you understand and agree that we need to perform maintenance from time to time. Consequently, we cannot guarantee that the access to myShopi will never be interrupted or hindered.

We will make reasonable efforts to protect myShopi to the maximum extent possible against computer viruses and other malware. Taking into account the nature of these dangers, you acknowledge however that we cannot offer absolute protection and that you will take all necessary measures yourself to secure and protect your own equipment and programs.

Taking into account what precedes, Agilys offers the content of myShopi on an "as is" basis, which means that the platform is offered in the way it currently exists without any further guarantees or warranties, neither implicit nor explicit. The use of myShopi and the information on myShopi is on your own risk solely. To the maximum extent allowed under applicable law, Agilys declines any warranties and guarantees, including but not limited to implicit warranties and guarantees in relation to satisfactory quality or fitness for purpose.

10. Limitation of liability

To the maximum extent permitted by law, Agilys in no event is liable for direct nor indirect damages, including consequential damages (such as, but not limited to, emotional damage, loss of opportunity, loss of data, loss of revenue, etc.) which are related to the use of myShopi, such as (but not limited to) actions you have undertaken as a result of the information that is or was available on myShopi, the impossibility to use myShopi, the fact that certain information on myShopi is not accurate or complete, etc.

In case mandatory laws would allow to hold Agilys liable for any damages resulting from the use of myShopi, within the limits of these Terms of Use, the total aggregate (this means, not calculated per damage-generating fact) contractual and extra-contractual liability of Agilys will be limited to twenty-five euro (€ 25).

Nothing in these Terms of Use will be construed as limiting the liability of Agilys for which Agilys, as a matter of mandatory law, cannot restrict its liability (such as fraud or gross negligence towards consumers).

11. General provisions

This Agreement is offered in Dutch, French and English. The Agreement will not be automatically archived by us, and it is your own responsibility to store and keep a copy of the Agreement.

It is your responsibility to evaluate which local and international laws or regulations (including requirements in relation to minimum age) are applicable and to comply with these.

In case a part of these Terms of Use or this Agreement, for whatever reason, would be held to be invalid or non-enforceable by a competent court or decision-making authority, this invalid or unenforceable part will not prejudice the validity of the remainder of the provisions of the Terms of Use, and the invalid or unenforceable part will be replaced by a valid or enforceable provision which approximates to the original intention of the parties to the maximum extent possible.

In the event we/you do not wholly or partly exercise any right or we/you do not take appropriate action against an infringement of this Agreement, the exercise in the future of such rights will not be considered waived by us/you nor can such actions (or omission to act) be construed as a waiver to act against later infringements against the same or other provisions of the Agreement. Our/your rights and legal remedies under the Agreement are cumulative, and the exercise of a right or legal remedy does not limit in any way our/your rights to exercise any other right or legal remedy.

12. Applicable law and competent court

The use of myShopi is governed by Belgian law. To the maximum extent allowed by applicable law, the Courts and Tribunals of the judicial district of Nivelles, Belgium will be competent to settle any dispute relating to the validity, the interpretation or the execution of this Agreement.