Terms and Conditions

Who we are, and some words

CardyPub is provided by CardyPub ("we", "us"). You can reach us at [email protected].

A few words are used with a fixed meaning throughout:

• The Service - the CardyPub website, mobile apps and web app, together.
• Customer - anyone using the Service to collect stamps and rewards.
• Venue - a bar, café, restaurant or similar business registered on the Service, and the person who registered it on its behalf.
• Staff - a person a Venue has added as an employee, so they can scan customers' cards.
• Card - a digital stamp card a Venue publishes and a Customer collects.
• Premium - the paid subscription for Venues described in section 6.

Who can use CardyPub

Anyone can collect stamps: there is no minimum age. If you are under 14, a parent or guardian must agree to these terms on your behalf. To register a Venue you must be an adult with the authority to act for that business, and you use the Service as a business, not as a consumer.

Accounts

• One account per person. You sign in with an email link, or with Google, Apple or X; we never hold a password of yours.
• Keep your sign-in method secure. What is done from your account is treated as done by you until you tell us otherwise.
• Give us accurate information and keep it up to date.
• You can delete your account at any time from the app. We may suspend or close an account that breaks these terms, after telling you why unless the law prevents us.

For customers

• Collecting stamps is free. Customers never pay CardyPub anything.
• A stamp is added when Staff at the Venue scan your card. You cannot add stamps yourself, and you may not try to.
• A reward is a promise made by the Venue, not by CardyPub. The Venue decides what the reward is, how many stamps it takes, and whether a card expires. We show you those terms; we do not set them, and we cannot make a Venue honour them - though we will remove a Venue that repeatedly fails to.
• A Venue may cancel a card, or a stamp on it, that was obtained by mistake or dishonestly. A Venue that leaves the Service takes its cards with it.
• Rewards have no cash value and cannot be transferred, sold or exchanged.
• With your permission, the app uses your device's location to show you the offers near you. It is used for that and nothing else, and you can switch it off in your phone's settings at any time; the app still works, it just cannot sort offers by distance.

For venues

Your listing

• When you register, your Venue's name, category, address and map position are published in the Service, so Customers can find you. Keep them accurate. Your phone number and email address are for us to reach you and are not shown to Customers.
• You are responsible for everything you publish: your Cards, your rewards, your offers and their images. It must be true, lawful, and yours to publish. That includes the rules on advertising alcohol and on displaying prices where they apply to you.
• We may take down content that breaks these terms or the law, and will tell you when we do.
• A reward or offer that involves alcohol is yours to serve lawfully - including checking age at the counter. CardyPub sells nothing and serves nothing; it only shows what you publish.

Your cards and rewards

• You set the goal, the reward and any expiry on each Card. Once a Customer has earned a reward under the terms you published, you honour it.
• You may change or retire a Card at any time. Stamps already collected on a retired Card are handled as the Card's terms said they would be.

Your staff

• You may add people as Staff so they can scan Customers' cards. You choose what each of them can do, and you can revoke it at any time.
• You are responsible for what your Staff do with the access you give them, and for having their agreement to be added.

The premium subscription

• Plans. Premium is for Venues and comes in a monthly and a yearly plan. The current price of each is shown, including VAT, in the App Store or Google Play before you subscribe.
• The free month. A Venue registering for the first time gets its first month of Premium free. At the end of that month the subscription renews automatically and you start paying, unless you cancel before it ends. We say this again because it matters: doing nothing means subscribing.
• Payment. Premium is bought and billed through the Apple App Store or Google Play, under their terms. We never see your payment details.
• Renewal and cancellation. The subscription renews automatically at the end of each billing period, monthly or yearly as you chose, until you cancel. You cancel from your App Store or Google Play subscription settings, at any time; cancellation takes effect at the end of the period already paid for.
• Refunds. Because the store takes the payment, refunds are requested from and decided by Apple or Google under their policies. We cannot issue them ourselves.
• Price changes. If we change a price, the store will tell you before it applies to you, and you can cancel before it does.
• When Premium ends. The features Premium includes stop at the end of the period you paid for. Your account and your Venue are not deleted, and your data is handled as the Privacy Policy describes.

The referral programme

Any registered user can refer a Venue that is not yet on CardyPub. This is how it works, and these are the rules.

• You give the Venue your referral code, from the app, or enter their email address so we send it to them. The code is only valid for a business joining CardyPub for the first time.
• The Venue must enter the code when it registers. A code cannot be attached to a Venue afterwards.
• A code that is not used within 30 days of being issued expires. A Venue that registers with a code but has not subscribed to Premium within 30 days of registering forfeits it.
• What the Venue gets: 20% off the yearly plan, or 20% off the first three months of the monthly plan.
• What you get: a €15 Amazon gift card, sent to the email address on your account, once the Venue's paid subscription has been active for seven days after the end of its free month - so that refunds and grace periods have run their course. There is no limit on how many Venues you can refer.
• You may not refer yourself, a Venue you own or work for, or a business that was already on CardyPub. We may withhold or reclaim a reward obtained by breaking these rules, and we may change or end the programme for future referrals at any time; a referral already completed is always paid.
• Referral codes are for venues you actually know. Posting yours on coupon sites, social media, forums or anywhere the public can pick it up is not a referral, and a reward earned that way may be withheld.
• Amazon is not a sponsor of this programme. Gift cards are subject to Amazon's own terms.
• The same applies to any other discount or promotion we may offer from time to time: it is valid for the period and on the conditions we state when we offer it, it has no cash value, and we may withdraw it for the future at any time.

What you may not do

• Add, copy or forge stamps, cards, codes or rewards, or help anyone else to.
• Use another person's account, or let someone use yours.
• Access the Service by any means other than the app and website we provide - no scraping, crawling or automated requests.
• Interfere with the Service, probe it for weaknesses, or place a load on it beyond ordinary use.
• Publish anything unlawful, misleading, offensive, or that you do not have the right to publish.
• Use the Service to send unsolicited messages or to collect other people's data.

Content and intellectual property

• The Service - its software, design, name and logo - belongs to us. We give you a personal, non-exclusive, revocable licence to use it as these terms allow, and nothing more.
• What a Venue publishes stays the Venue's. By publishing it, the Venue gives us a licence to store, display and distribute it in the Service, worldwide and free of charge, for as long as it stays published, so that Customers can see it. That is the only use we make of it.
• Names and logos of Venues, Apple, Google, Amazon and others belong to their owners.

App stores and third-party services

• The app is distributed through the Apple App Store and Google Play, and Premium is bought through them, under their own terms, which you also accept when you use them. Apple and Google are not parties to these terms. They have no obligation to provide maintenance or support for the app, and are not responsible for it, for any claim about it, or for any claim that it infringes someone's rights: those are ours. Apple and its subsidiaries may enforce these terms against you as a third-party beneficiary, as its rules require us to say.
• Signing in with Google, Apple or X is subject to that provider's terms. We do not control those services and are not responsible for them.
• The Service may link to websites we do not run - a Venue's own site, an app store, a public authority. We are not responsible for their content or for how they treat your data.

Availability, changes and ending

• We aim to keep the Service running, but we do not promise it will be available without interruption. It may be down for maintenance, or because of something outside our reasonable control - an outage at a provider, a network failure, a legal order, a natural event - in which case neither of us is in breach for as long as it lasts.
• We may change or add features, and we may withdraw a feature. If a change would materially reduce what a Venue paid for, we will tell the Venue before it takes effect.
• You can stop using the Service, and delete your account, whenever you like.
• We may close an account that breaks these terms or the law, or that has been inactive for a very long time - after telling you, unless we are prevented from doing so. If we close the Service itself, we will give reasonable notice and Venues will not be charged for any period after that.

Responsibility

If you are a consumer, nothing in these terms limits the rights the law gives you, including under the Italian Consumer Code, and nothing limits our liability for fraud, for gross negligence, or for anything the law does not allow to be limited.

Within that: the Service is provided as it is. Rewards, offers and the accuracy of a Venue's listing are the Venue's responsibility, not ours. We are not responsible for a Venue failing to honour a reward, for a loss caused by your own breach of these terms, or for a loss we could not reasonably have foreseen.

If you are a Venue, our total liability to you for anything arising from the Service in any twelve months is limited to what you paid us for Premium in those twelve months, and we are not liable for lost profits, lost business or indirect losses. You are responsible to us for claims from Customers or authorities that arise from what you published or from how you ran your Cards.

Privacy

How we handle personal data is set out in our Privacy Policy, which is part of these terms. A Venue is the controller of the data it processes about its own Customers outside the Service - for instance if it writes down a Customer's name - and is responsible for doing so lawfully.

Changes to these terms

We may update these terms. For a change that matters to you, we will tell you in the app or by email at least 15 days before it takes effect; if you do not agree you can close your account before then, and a Venue will not be charged for any period after that. Continuing to use the Service after the date means you accept the new terms. The date at the top is always the date of the current version.

Other terms

• The whole agreement. These terms and the Privacy Policy are the whole agreement between you and us about the Service. If you are a Venue that has signed a separate written agreement with us, that agreement prevails where the two differ.
• Transferring the agreement. We may transfer our rights and obligations under these terms to a company that takes over the Service, and we will tell you if we do; your rights are not reduced by it. You may not transfer yours to anyone else.
• Not enforcing a term. If we do not act on a breach straight away, we have not given up the right to act on it later.
• Notices. We contact you at the email address on your account or through the app; keep it current. You contact us as set out in section 17.
• Language. These terms are provided in Italian and in English. If the two ever differ, the Italian version prevails.

Law and disputes

• These terms are governed by Italian law.
• If you are a consumer, any dispute goes to the court of the place where you live, as Italian consumer law provides, and you keep any protection the law of your own country of residence gives you. You may also turn to an accredited out-of-court dispute resolution body (ADR); we will take part in good faith.
• If you are a Venue, disputes go to the competent Italian court.
• If any part of these terms is found invalid, the rest still applies.

Complaints and contact

Something wrong? Write to [email protected] or use the contact form, and tell us the venue and the card it concerns. We answer every complaint, and we aim to do so within a few working days.

If your complaint is about a Venue - a reward not honoured, a card cancelled unfairly - we will put it to the Venue and try to resolve it between you in good faith. The Venue remains responsible for its rewards, as section 4 says; what we can do is mediate, and remove a Venue that keeps breaking its promises. None of this limits your right to complain elsewhere, including to a consumer association or a dispute resolution body.