1.2 The Fortuna Club Services are available for your use in your country of residence. To use the Fortuna Club Services, you need compatible hardware, software (latest version recommended and sometimes required), and Internet access (fees may apply). Our Fortuna Club Services’ performance may be affected by these factors.

2 – TERMS OF USE

By downloading, browsing, accessing, or using the Fortuna Club Mobile App, you acknowledge that you have read, understand, and accepted these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time. If you disagree with any of these Terms and Conditions, you must immediately discontinue your access to the Fortuna Club Mobile App and your use of the Fortuna Club Services. Continued use of the Fortuna Club Mobile App and the Fortuna Club Services will constitute acceptance of these Terms and Conditions.

3 – DEFINITIONS

In these Terms and Conditions, the following capitalized terms will have the following meanings, except where the context otherwise requires:

Account – a personal account created by a Member on the Fortuna Club Mobile App as part of the Registration;

Access codes – usernames and other security information needed by the Member to access the Fortuna Club Mobile App;

Fortuna Points – the points that you save when purchasing certain products or services from Merchants, by scanning a QR code or entering a code;

Fortuna Card – a savings card enabling you to save Fortuna Points;

Fortuna Club Mobile App – the mobile application made available by Fortuna to Members for download and use on their smart devices which enables them to save and redeem Fortuna Points;

E-Voucher – the electronic voucher made available by a Merchant through the use of the Fortuna Club Mobile App;

QR-Voucher – a QR code, made available on every conceivable medium. The voucher contains an amount of Fortuna Points. By scanning the QR code, the amount of saved Fortuna Points in your Fortuna Club Mobile App will be increased accordingly;

Wallet – a secure digital wallet used to store purchased E-vouchers;

Merchant – refers to any entity whose products or Samples can be purchased and/or redeemed (as the case may be) via the Fortuna Club Mobile App;

Privacy Policy – means the privacy policy set out in clause 17 of these Terms and Conditions;

Redeem – means to redeem Fortuna Points and “Redemption” means the act of redeeming Fortuna Points;

Save – means to save Fortuna Points;

Register – means to create an Account on the Fortuna Club Mobile App and “Registration” means the act of creating such an Account;

Samples – means samples of Merchant’s products and/or Merchant’s services, including without limitation, any vouchers for the redemption of such services;

Fortuna Club Services – means all the services provided via the Fortuna Club Mobile App to Members, and “Service” means any one of them;

Members – means users of the Fortuna Club Mobile App, including you.

4 – THE FORTUNA CLUB MOBILE APP AND THE FORTUNA CLUB SERVICES

4.1 Applicability of terms and conditions: The use of any Fortuna Club Services and/or the Fortuna Club Mobile App are subject to these Terms and Conditions.

4.2 Location: The Fortuna Club Mobile App and the Fortuna Club Services are intended solely for use by Members who access the Fortuna Club Mobile App in their country of residence. We give no guarantee that the Fortuna Club Services are available or otherwise suitable for use outside of the country of residence. Notwithstanding the above, if you access the Fortuna Club Mobile App or use the Fortuna Club Services from locations outside your country of residence, you do so on your own initiative and you are responsible for the consequences and for compliance with all applicable laws.

4.3 Prevention on use: We reserve the right to prevent you from using the Fortuna Club Mobile App and  Fortuna Club Services (or any part of them) and also prevent you from making any Redemption, and we reserve the right to refuse or cancel your Account without any prior notice required and without any compensation.

4.4 Equipment and Networks: The provision of the Fortuna Club Services and the Fortuna Club Mobile App does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Fortuna Club Mobile App or Fortuna Club Services or to make any Redemptions. To use the Fortuna Club Mobile App or Fortuna Club Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Fortuna Club Mobile App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Fortuna Club Mobile App or any such third party charges as may arise. You accept responsibility for any such charges that arise.

4.5 Permission to use Fortuna Club Mobile App: If you are not the bill payer for the mobile telephone or handheld device being used to access the Fortuna Club Mobile App, you will be assumed to have received permission from the bill payer for using the Fortuna Club Mobile App.

4.6 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Fortuna Club Mobile App, you acknowledge that you are the owner of the Material or have proper authorization from the owner of the Material, to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any product or services.

4.7 When you want to stop using the Fortuna Club Mobile App, you should submit a request to that effect by email, at the email address published on our website. Your deregistration will take effect within 5 working days after your request.

4.8 Fortuna reserves the right to add Merchants to or remove them from the Fortuna Club Mobile App.

5 – SAVINGS

5.1 The saved Fortuna Points are credited to the Account and carry a value of USD 0.01 per Fortuna Point (i.e., 100 Fortuna Points equal USD 1).

5.2 Purchases that are made in a different currency are converted based on the average rate used by local banks for that currency.

5.3 In order to save Fortuna Points, you may use the Fortuna Club Mobile App or Fortuna Card.

5.4 All rights attaching to the saved Fortuna Points are held by Fortuna.

5.5 You may consult the Fortuna Club Mobile App for an up-to-date overview of your transactions and balance of Fortuna Points.

5.6 Merchants may remove and/or add products or services for which Fortuna Points can be saved.

6 – REDEMPTIONS

6.1 Need for registration: You must Register in order to be able to make a Redemption from the Fortuna Club Mobile App.

6.2 Application of these Terms and Conditions: By making any Redemption, you acknowledge that the Redemption is subject to these Terms and Conditions.

6.3 Redemption: Any attempted Redemption not consistent with these Terms and Conditions may be disallowed or rendered void at our or the relevant Merchant’s discretion.

6.4 Restrictions: (a) Reproduction, sale, resale, or trading of any products or Samples or Redeemed products, is prohibited. (b) If any product or Sample is Redeemed for less than its face value, there is no entitlement to a credit, cash, or Sample equal to the difference between the face value and the amount Redeemed. (c) Redemption of products or Samples is subject to the availability of the relevant Merchants’ stocks.

6.5 Redemptions that are made in a different currency are converted based on the average rate used by local banks for that currency.

6.6 Fortuna Points may be redeemed as cash on a debit card offered through Fortuna, or as cash reload of various prepaid accounts. Besides these options, Fortuna Points cannot be redeemed against cash. The Fortuna members give permission to redeem the Fortuna points to their Banco di Caribe Multi Card.

6.7 Merchants may remove and/or add products or services for which Fortuna Points can be redeemed.

7 – Cancellation of the Fortuna Points

7.1 Your Fortuna Points will be canceled without any prior notice required and without any compensation if you do not use the Fortuna Club Mobile App for more than 1 year.

7.2 In order to avoid cancellation of the Fortuna Points in the event of the death of a member, the executor of the deceased Member’s will may submit a request by email, at the email address published on our website, to have the Fortuna Points transferred to the heirs.

7.3 Your Fortuna Points will be canceled without any compensation when you stop using the Fortuna Club Mobile App in accordance with clause 4.7 or when Fortuna cancels your Account in accordance with clause 4.3 or clause 11.3.

8 – LOCATION ALERTS AND NOTIFICATIONS

You agree to receive pre-programmed notifications (“Location Alerts”) on the Fortuna Club Mobile App from Merchants if you have turned location services on, on your mobile telephone, or any other handheld devices (as the case may be).

9 – YOUR OBLIGATIONS

9.1 Merchant terms: You agree to (and will) abide by the terms and conditions of the relevant Merchant, which may be amended from time to time.

9.2 Accurate information: You warrant that all information provided upon Registration as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.

9.3 Prohibitions in relation to the usage of Fortuna Club Services or the Fortuna Club Mobile App: Without limitation, you undertake not to use or permit anyone else to use the Fortuna Club Services or the Fortuna Club Mobile App:

9.3.1 to send or receive any material that is not civil or tasteful;

9.3.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;

9.3.3 to send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be conflicting to the law of, or infringe the rights of any third party in any country in the world;

9.3.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

9.3.5 to cause annoyance, inconvenience or needless anxiety;

9.3.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunication system;

9.3.7 for a purpose other than which we have designed them or intended them to be used;

9.3.8 for any fraudulent purpose;

9.3.9 other than in conformity with accepted Internet practices and practices of any connected networks;

9.3.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or

9.3.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.

9.4 Prohibitions in relation to the usage of the Fortuna Club Mobile App and the Fortuna Club Services: Without limitation, you further undertake not to or permit anyone else to:

9.4.1 resell any products or Samples;

9.4.2 furnish false data including false names, addresses, and contact details and fraudulently use credit/debit card numbers;

9.4.3 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);

9.4.4 execute any form of network monitoring which will intercept data not intended for you;

9.4.5 enter into fraudulent interactions or transactions with us or a Merchant (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

9.4.6 extract data from or hack into the Fortuna Club Mobile App;

9.4.7 use the Fortuna Club Services or Fortuna Club Mobile App in breach of these Terms and Conditions;

9.4.8 engage in any unlawful activity in connection with the use of the Fortuna Club Mobile App or  the Fortuna Club Services; or

9.4.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Fortuna Club Mobile App or the Fortuna Club Services.

10 – RULES ABOUT USE OF THE SERVICE AND THE FORTUNA CLUB MOBILE APP

10.1 We will use reasonable endeavors to correct any errors or omissions as soon as possible, after being notified of them. However, we do not guarantee that the Fortuna Club Services or the Fortuna Club Mobile App will be free of faults, and we do not accept liability for any such faults, errors, or omissions. In the event of any such error, fault or omission, you should report it by sending a message using the Fortuna Club messaging service in the Fortuna Club Mobile app.

10.2 We do not warrant that your use of the Fortuna Club Services or the Fortuna Club Mobile App will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Fortuna Club Services or the Fortuna Club Mobile App will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Fortuna Club Services and the Fortuna Club Mobile App, access to the Fortuna Club Services and the Fortuna Club Mobile App may be suspended, restricted or terminated at any time.

10.3 We do not give any warranty that the Fortuna Club Services and the Fortuna Club Mobile App are free from viruses or anything else which may have a harmful effect on any technology.

10.4 We reserve the right to change, modify, substitute, suspend or remove the Fortuna Club Mobile App or any Fortuna Club Service entirely at our own discretion at any time and without prior notice. Your access to the Fortuna Club Mobile App and/or the Fortuna Club Services may also be restricted occasionally to allow repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access in a reasonable time frame. For the avoidance of doubt, we reserve the right to withdraw any information or Fortuna Club Services from the Fortuna Club Mobile App at any time.

10.5 We reserve the right to block access to, and/or to edit or remove any material that in our reasonable opinion may give rise to a breach of these Terms and Conditions.

10.6 Each time the Member tries to access the Fortuna Club Mobile App, Fortuna will check the Member’s identity. As long as the correct Access Codes are entered, Fortuna will assume that the Member is the person giving instructions. You yourself are responsible for all use of the Access Codes.

10.7 The Member must keep the Access Codes secret and make sure that they are not kept in a way that enables others to impersonate the Member.

11 – SUSPENSION AND TERMINATION

11.1 If you use (or anyone other than you, with your permission uses) the Fortuna Club Mobile App or any Fortuna Club Services in breach of these Terms and Conditions, we may suspend your use of the Fortuna Club Services and/or Fortuna Club Mobile App.

11.2 If we suspend the Fortuna Club Services or Fortuna Club Mobile App, we may refuse to restore the Fortuna Club Services or Fortuna Club Mobile App for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions.

11.3 Without limitation to anything else in this clause 11, we will be entitled immediately or at any time (in whole or in part) to: (a) suspend or terminate the Fortuna Club Services and/or Fortuna Club Mobile App and/or to cancel your Account; (b) suspend or terminate your use of the Fortuna Club Services and/or Fortuna Club Mobile App and/or to cancel your Account; and/or (c) suspend or terminate the use of the Fortuna Club Services and/or Fortuna Club Mobile App for persons we believe to be connected (in whatever manner) to you and/or to cancel their Accounts, if:

11.3.1 you commit any breach of these Terms and Conditions, including your obligation to provide true, complete and accurate information upon Registration and to promptly inform us of any changes to such information by updating the information in your Account;

11.3.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions; or

11.3.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

11.4 Our rights under this clause 11 will not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

12 – DISCLAIMER AND EXCLUSION OF LIABILITY

12.1 The Fortuna Club Mobile App and the Fortuna Club Services, and use of all related facilities, are provided on an “as is, as available” basis without any warranties whether expressed or implied.

12.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Fortuna Club Mobile App and its contents, in relation to any inaccuracies or omissions in the Fortuna Club Mobile App, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

12.3 We do not warrant that the Fortuna Club Mobile App will always be accessible, uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code or that the Fortuna Club Mobile App will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunication equipment’s or facilities and failure of information technology or telecommunication equipment’s or facilities.

12.4 While we may use reasonable efforts to include accurate and up-to-date information on the Fortuna Club Mobile App, we give no warranties as to its accuracy, timeliness or completeness.

12.5 We will not be liable for any acts or omissions caused by any third parties whatsoever, and for any direct, indirect, incidental, special, consequential or punitive damages, whatsoever caused, resulting from or in connection with the Fortuna Club Mobile App and the Fortuna Club Services, your access to, use of or inability to use the Fortuna Club Mobile App or the Fortuna Club Services, reliance on or downloading from the Fortuna Club Mobile App and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

12.6 We will not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise whatsoever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Fortuna Club Mobile App or Fortuna Club Services and these Terms and Conditions. For the purposes of these Terms and Conditions, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

12.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer, that cannot be excluded or limited, are affected.

12.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Fortuna Club Mobile App, or electronic mail transmitted to and from us, will not be monitored or read by others.

13 – INDEMNITY

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Fortuna Club Mobile App and/or the Fortuna Club Services, (b) any other party’s use of the Fortuna Club Mobile App or the Fortuna Club Services using your Access Codes and/or (c) your breach of any of these Terms and Conditions, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

14 – INTELLECTUAL PROPERTY RIGHTS

14.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Fortuna Club Mobile App are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

14.2 Nothing contained on the Fortuna Club Mobile App should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Fortuna Club Mobile App without our written permission. Misuse of any trademarks or any other content displayed on the Fortuna Club Mobile App is prohibited.

14.3 We will not hesitate to take legal action against any unauthorized usage of our trademarks, name, or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other products and company names mentioned herein may also be the trademarks of their respective owners.

15 – AMENDMENTS

We may periodically make changes to the contents of the Fortuna Club Mobile App, including to the descriptions and prices of goods and services advertised, at any time and without prior notice. We assume no liability or responsibility for any errors or omissions in the content of the Fortuna Club Mobile App.

16 – APPLICABLE LAW AND JURISDICTION

16.1 The Fortuna Club Mobile App can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Fortuna Club Mobile App both you and us agree that the laws of Curaçao, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Fortuna Club Mobile App and the Fortuna Club Services.

16.2 You accept and agree that both you and us will submit to the exclusive jurisdiction of the courts of Curaçao in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.

17 – PRIVACY POLICY

17.1 Access to the Fortuna Club Mobile App and use of the Fortuna Club Services offered on the Fortuna Club Mobile App by Fortuna Software Innovation and/or its group of companies is subject to the Privacy Policy. By accessing the Fortuna Club Mobile App and by continuing to use the Fortuna Club Services offered, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately discontinue your access to the Fortuna Club Mobile App and your use of the Fortuna Club Services.

17.2 As part of the normal operation of our Fortuna Club Services, we collect, use and, in some cases, disclose information about you to third parties. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of your personal information when you use the Fortuna Club Services on the Fortuna Club Mobile App:

17.2.1 Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

17.2.2 We will collect and use personal information with the sole objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

17.2.3 We will only retain personal information as long as necessary for the fulfillment of those purposes.

17.2.4 We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

17.2.5 Personal information should be relevant for purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

17.2.6 We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

17.3 For the further description of the Privacy Policy, we refer to the account settings in the Fortuna Club Mobile App.

18 – MISCELLANEOUS

18.1 In all circumstances when you purchase goods or services from a Merchant, the contract is between you and that Merchant. Fortuna has no control over, not is Fortuna liable for, the legality or the use of the goods or services that are paid using Fortuna Points.

18.2 All complaints must be submitted by sending a message using the Fortuna Club messaging service in the Fortuna Club Mobile app.

18.3 Any rights that a Member may have towards Fortuna, for whatsoever reason, should be received by Fortuna in writing within 6 months after the date on which the Member became aware of this or reasonable could have been aware of this, in default of which these rights will lapse.

18.4 Fortuna can transfer its rights and obligations to a third party in whole or in part, without further consent from the Member being required. Fortuna can also choose to outsource the Fortuna Club Services or parts thereof to third parties.

By using the services of Fortuna Club you indicate that you agree with these conditions.