TERMS AND CONDITIONS
VERSION: November 2020
1. General Provisions
1.1. The provisions of these Terms and Conditions (“T&C”) govern the contractual relationship between:
a) EDENRED Bulgaria AD, a joint stock company, organised and existing under the laws of Bulgaria, Unified Identification Code (UIC) 130526402, having its registered seat and address of management at 1784, Sofia, Bulgaria, 137, Tsarigradsko Shausse Blvd, 3rd floor, acting on the territory of the Republic of Bulgaria as an Agent of PPS EU for the provision and/or distribution of certain Regulated Services associated with the Programme, where necessary (hereinafter referred to as “Edenred”, the “Programme Manager”, the “Company” or “we”); and
b) Any individual or legal entity that accesses and uses the websites www.edenred.bg, my.edenred.bg and the related online platforms (“Edenred Website”), as well as the applications that may run on the mobile IT equipment (“Edenred App/s”) available in AppStore and Google Play (or any other platforms providing mobile payments), including any content, products and services provided to the Users through the Edenred Website and/or the Edenred Apps (“Edenred Services” or the “Services”).
1.2. The Edenred Website and / or Edenred Apps, as well as any access interfaces for any of the Services offered via them are provided by the Company and can be used only in compliance with the conditions of access and use set out in these T&C.
1.3. PLEASE READ THESE T&C CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOUR ACCESS TO AND USE OF THE SERVICES SHALL REPRESENT YOUR FULL AND UNCONDITIONAL ACCEPTANCE TO AND COMPLIANCE WITH THE T&C. IF YOU DO NOT ACCEPT THESE T&C, OR, AS APPLICABLE, THE UPDATED PROVISIONS OF THE T&C, PLEASE STOP USING THE SERVICES IMMEDIATELY.
1.4. The conditions regarding the supply and use of certain Edenred Services specified in these T&C are complemented by the separately provided terms and conditions applicable to those Edenred Services.
2.1. Unless otherwise specified, the terms in these T&C beginning with capital letters, including the terms defined hereinabove, shall have the following meaning:
Agent has the meaning provided for in Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market;
Authentication means the process by which a Cardholder is identified by the Website and/or Edenred Apps, in order to access certain functions, interfaces and/or facilities, based on the Username and Password;
Authorized Representative means the designated person authorized to represent the Client for the implementation of the Client Agreement;
Card/s means a digital payment instrument with Edenred`s logo and Mastercard logo on it issued by PPS EU under the Programme and delivered to the Client by Edenred under the Client Agreement;
Cardholder means the individual who has been deemed eligible by the Client to use the Card containing e-money;
Client means the legal person carrying out professional activities and who benefits from: (i) services regarding the issue and management of the Cards containing -money based on an agreement concluded with Edenred; as well as any other services provided by Edenred, from time to time, as they are detailed in these T&C and/or any other contractual documentation between Edenred and the Client;
Client Agreement means the separate agreement entered by and between Edenred as a Programme Manager and the Client, governing the distribution and redemption of E-money and delivery of Cards to the Client, as well as the commercial and operational aspects of the Programme;
E-money means electronic money;
Edenred Apps may include: MyEdenred mobile application, MyEdenred user portal, as well as any other applications provided by Edenred to the Users, from time to time;
Edenred Platform (MyEdenred platform)means the Edenred Website and/or Edenred Apps;
Partner Retailer means the legal entity or individual who carries out professional activities, who is enrolled in the Edenred system for accepting Edenred Vouchers or Cards, based on an affiliation agreement concluded between Edenred and the Partner Retailer;
Password means a string of alphanumeric characters for the identification of the User in the Authentication process, for the purpose of gaining authorized access to Edenred Services through the Edenred Website and/or Edenred Apps;
PPS EU means PPS EU SA, an electronic money institution registered in Belgium with registration number 0712.775.202, having its head office and registered seat at Brussels 1160, Boulevard du Souverain 165, boîte 9, Belgium. PPS EU SA is authorised and regulated by the National Bank of Belgium (NBB) as an Electronic Money Institution under the Electronic Money Directive 2009/110/CE, as of 23 July 2019;
Programme a programme or programmes, designed and managed by the Programme Manager, as further described in the Client Agreement;
Regulated Services depending on the Programme, means the issuance of E-money upon receipt of funds, transfer of E-money, issuance and management of Cards (or any other payment instrument) and providing other payments services, as defined under Directive 2009/110/EC of the European Parliament and the Council by PPS EU to the Client and the Cardholders;
User means any person/individual who accesses and uses the Edenred Website, Edenred Apps and/or Edenred Services.
Username means the identifier used for the unique identification of a User in the interfaces / sections of the Edenred Website and/or Edenred Apps requiring Authentication;
Voucher is a means of exchange, against which its Users shall be entitled to receive food and/or other products, for their face value, only in the commercial sites of Partner Retailers who have signed a contract for services with Edenred, where the Vouchers are governed by the Bulgarian Corporate Income Tax Act and other primary and secondary legislation.
3. Territorial availability of the Edenred Services
3.1. The Edenred Website and/or Edenred Apps can be accessed by a User regardless of its location.
3.2. Certain Edenred Services are intended for Clients, Partner Retailers and Cardholders who carry out their activity on the territory of Bulgaria, and thus can only be used in Bulgaria.
4. Features of the Edenred Services available on the Edenred Platform
4.1. Through the Edenred Platform, the Company offers users (Cardholders, Clients and/or Partner Retailers) access to a set of functions and facilities offered by the Edenred Platform, as they are available from time to time in the Edenred Platform and, as applicable, subject to any special conditions applied between Edenred and the Clients and/or Partner Retailers regarding the relevant Edenred Services.
4.2. Features of the MyEdenred module:
4.2.1. Features available for the Clients: In the MyEdenred section dedicated for the Clients within the Edenred Website, the Authorized Representatives of the Clients may access a set of features, such as:
a) Placing orders of Vouchers;
b) Viewing order history.
4.2.2. Features available for the Cardholders: In the MyEdenred section dedicated for the Cardholders within the Edenred Website and/or the Edenred App specific for the MyEdenred Service, Cardholders may access and use a set of features, such as:
a) Activating the Card;
b) Viewing the balance;
c) Viewing the transaction history list;
d) Temporary Card blocking;
e) Unlocking the Card if the temporary blocking option was used;
f) Adding new Cards / removing registered Cards;
h) Viewing the PIN code;
i) Finding out the expiry date of the Card;
j) Viewing and modifying personal data.
5. General Conditions regarding the use of the Edenred Platform
5.1. Accessing and using the Edenred Services by any User represents accepting to comply with these T&C, which leads to the establishment of a contractual relationship between the User and Edenred.
5.2. Any Cardholder or Authorized Representative may use the specific Edenred Services, as they are contracted and offered by Edenred, only after going through the process of creating a User account and Authenticating in the Edenred Platform.
5.3. The Cardholders and the Authorized Representatives may access and use the functions of the Edenred Platform free of charge, except for the costs generated for and charged to the User for accessing the Edenred Platform (such as the costs related to the Internet provider’s fees) and subject to any charges and fees applicable to Clients / Partner Retailers for accessing the features of the Edenred Platform, according to any special contractual conditions applicable between Edenred and the Clients / Partner Retailers, with regard to the respective Edenred Services.
5.4. By creating the account and using the Edenred Services through the Edenred Platform, the User (including the Client itself or represented by an Authorized Representative) declares and understands, expressly, that:
a) All the information provided is complete, true and accurate;
b) It is not entitled to hold more than one User account, except in case when Edenred allows otherwise;
c) It is not entitled to modify, copy, distribute, send, display, publish, reproduce, award license, create derived products, transfer, rent, lease, sell or in any other way whatsoever dispose with any kind of information or services obtained from or through or available at the Edenred Platform;
d) It is fully liable for implementing and maintaining adequate internal security procedures for the securing devices, codes, passwords, and other methods of access control, including with regard to the communication channel used for connecting to the Edenred Services, available on the Edenred Platform, for the purpose of preventing unauthorized access to the system.
The User takes the full responsibility with regard to the management of the User account opened in the Edenred Platform, and in this respect any operation performed by other persons on its behalf and for the account of the User in the dedicated sections of the Edenred Platform, shall be opposable to the User, and the Company has no obligation to verify the identity and the limits of the authorization of the persons who perform such operations on behalf of and for the account of the User;
e) It undertakes not to perform (and not to allow the performance of) cracking or hacking activities or attacks of type "denial-of-service”, and not to use (and not allow the use of) automated means, including scripts, applications of type robot, bot, spider, crawler and/or any computer applications / software that can deceit, or simulate certain activities or statuses in the Edenred Platform or, in any way exploit certain functions of vulnerabilities of the Edenred Platform;
f) In the use of the Edenred Platform and any Edenred Services provided through the Edenred Platform, it shall comply with the applicable laws, including, but without limitation to the laws regarding Vouchers, respectively the legal provisions in force applicable to the use of E-money and payment services;
g) Understands and agrees that the access to the Edenred Services offered through the Edenred Platform may be automatically blocked and/or suspended and/or forbidden, without any other formalities, and the Company shall not be compelled to pay compensations / damages, including, but without limitation to the following situations:
(i) If there are suspicions that a person, other than the User, is trying to access the User account;
(ii) In case of simultaneous use of the same Password by several persons;
(iii) The User does not apply the technical security measures of the User account;
(iv) The User spreads viruses, malware and/or other software damaging the IT systems;
(v) The User uses the Edenred Platform to copy their content, or the information regarding the Edenred Services offered through the Edenred Platform;
(vi) The User is involved in the automated analysis and/or reading of software, directories, data or content related to the Edenred Platform and / or Edenred Services;
(vii) The User creates, distributes, publishes or integrates external applications or another irrelevant content in the Edenred Platform;
(viii) The User performs an unlawful, fraudulent or manipulating activity, in any other manner, in the context of using the Edenred Services;
(ix) In any case of breaching of these T&C;
(x) In case of failure of the Client (or its Authorized Representatives) to comply with any of the contractual obligations established between the former and Edenred;
(xi) Also in case of termination, for any reason, of the agreement between Edenred and the Client or Partner Retailer, based on which the Cardholders / Authorized Representatives are granted access to the interfaces of the Edenred Platform requiring Authentication;
h) It is responsible for updating the personal data provided by the User on the Edenred Platform. The Company shall not be held liable for any consequence of any damage resulting from the failure to perform an update or following the performance of such an update.
6. Special rules regarding the use of the Edenred Platform by the Cardholders
6.1. The Cardholder can create his/her User account, using the data related to any card containing E-money issued by Edenred, and if he/she benefits from several Edenred products, the Cardholder can enroll these products in the interface of his/her account in the Edenred Platform, by using the function “Add a new card”.
6.2. The right to access the Edenred Platform granted to the Cardholder based on these T&C is personal, non-exclusive and non-transferrable.
6.3. In principle, the Edenred Services on the Edenred Platform is available 24 / 7, except for the situations when the access is discontinued if maintenance/updating breaks are required, or in other situations that are not caused by Edenred’s conduct or out of Edenred’s control.
6.4. By using the Edenred Services on the Edenred Platform, the User consents that all the data and information stored on Edenred’s information systems can be used by the latter as proof of the operations performed by the User on the Edenred Platform.
7. Applicable rules regarding the content published by the Users:
a) The User, and respectively each Cardholder, Client and Authorized Representative, are the sole responsible persons for the content published by the User, and guarantee that it shall not breach the intellectual property rights or other rights of a third party.
b) It is forbidden to distribute, through the Edenred Platform, any content published by the User which has a pornographic or offensive nature, describing any form of violence or cruelty, presenting weapons of any kind; which represents a breach of the law, or any other means by which the law may be violated; presenting consumption of drugs or other illegal substances, presenting alcohol consumption, promoting racism, sexism, homophobia, ethnical or social discrimination, which has an abusive, indecent, calumniating or obscene nature, or which can, in any other way, produce damage to a person and/or violating a person’s right of image, or which is protected by copyright;
c) It is forbidden to distribute, through the Edenred Platform, any content published by the User, which is affected by viruses or program codes, corrupted files or programs meant to interrupt, destroy, or limit the good functionality of a software, hardware, network, server or any other equipment.
8. Promotions and specific facilities
8.1. The Edenred Platform may include, from time to time, information about promotions, contests and other promotional campaigns intended for the Users. The conditions for the registration, participation, designation of the winners and taking possession of the prizes, shall be governed and detailed in the regulations or any other specific documentation available in the Edenred Platform, in the sections dedicated for those promotions, contests and campaigns.
9. Industrial property rights
9.1. The Edenred Platform and everything it contains, including without limitation to all the texts and images ("Content"), the software platform, as well as any other material used within the Edenred platform, are protected by the laws of copyright and auxiliary rights, and the property rights and / or auxiliary rights with regard to it, belong to the Company or to other companies which are its partners or affiliates, except for in the case when it is specified otherwise.
9.2. Any marks, signs, logos (hereinafter collectively referred to as “Marks”) displayed in the Edenred Platform or in connection with the Edenred Services and/or products and/or services of Edenred’s partners are trademarks and / or non-registered marks belonging to the Company and/or other companies which are its partners or affiliates. None of the Content or sections of the Edenred Platform and / or none of the references to the Edenred Services shall be construed as license or another right granted to the User to use a Mark or any of its derivatives.
9.3. The User shall not be entitled to copy, change, create derivative works, distribute, send, display, reproduce, transfer, sell, publish, rent, lease or in any other way whatsoever dispose with any part of the Edenred Platform or Edenred Services and the Content thereon. The User shall not be entitled to rebuild or try to extract the source code corresponding to the software used for the Edenred Platform. Any potential reproduction, reediting, upload, notice, distribution or transmission or any other use of the Content / Marks in another way through other means, for commercial purposes or for other purposes is allowed only based on an explicit written authorization given by the Company in advance. The display of the Content on the Platform cannot be considered, in any case, a transfer or assignment of authorization or right to use any of the above elements.
9.4. The Company offers the User a personal, global, free, non-transmissible and non-exclusive license, to use the Edenred Platform. The sole purpose of this license is to allow the User to access the Edenred Platform and / or Edenred Services, as they are provided by the Company, in compliance with the provisions of these T&C.
10.1. The Company does not assume any liability for any loss of data or information resulting from delays, unfulfilled orders or orders that do not reach the recipient, caused by events that are beyond the control of the Company or are generated by the conduct of third parties or by errors produced by the User. To the extent permitted by the law, Edenred does not assume any liability for any kind of loss, whether direct or indirect, resulting from, and in any way related to the use or the performance degree of the Edenred Platform. In this respect, the User agrees to exonerate from liability and not to pursue any actions against Edenred in court, with regard to any claims from a third party, resulting from the use of the Edenred Services or the Edenred communications network or the Edenred Platform, as well as regarding any loss (direct or indirect), costs, actions, trials, claims, damages, expenses (including court fees) or other liabilities, suffered in any way following the breach or ignorance of these T&C by the User.
10.2. To the extent permitted by the law, the liability for the good operation of the Edenred Platform, as well as for the availability of any Edenred Services is excluded. Particularly, the Company excludes any guarantee that:
a) The Edenred Platform shall operate without interruptions or errors;
b) The flaws shall be remedied, that the Edenred Platform or the server(s) that makes it available does not contain any viruses and other harming components;
c) using or the results of using the Edenred Platform or that the materials provided as part of the Edenred Services provided are correct, accurate, offered in real time or sure in any other way.
10.3. The Company reserves its right to refuse or to eliminate images, texts or any other content posted in the Edenred Platform or sent through the means of distance communication.
10.4. The Cardholder acknowledge that it is beyond the competence of Edenred or its providers to supervise the correct use of the Cards containing E-money or the features of the associated Edenred Platform by the Cardholder, and the Company cannot be considered liable for the dissensions that may arise between the Client and the Cardholder with regard to such use.
10.5. Subject to the specifications of Section 11, Security, of these T&C, neither the Company nor its providers shall be considered liable for any kind of damage produced following a breach of the User’s account security, including, but without limitation to the following situations: (i) if the Password and/or the Username are disclosed and/or accessed by unauthorized persons, (ii) the devices (e.g., but not only, computers, phones, smartphone or other electronic devices) used by the User are lost, stolen, infected with viruses or other malware, or are accessed by any other person, (iii) the security of the e-mail associated to the User’s account is compromised in any way.
10.6. Subject to any obligations regarding the security of transactions with Edenred Cards containing E-money, as provided in the special conditions applicable to these types of products, neither the Company nor its suppliers shall be considered liable for any kind of damage produced following an inadequate use or illegal use of the Edenred Cards containing E-money, including the case when they are used for operations performed without the prior authorization of the User, Cardholder or Client (or its Authorized Representative).
10.7. Moreover, the Company shall not be liable for failed operations or for the lack of possibility to perform an operation due to how the IT devices used by the Users operate, by voltage drop, malfunctions of the communication networks and other technical issues related to the equipment / services provided by third parties directly to the Users and for which the Company and/or its partners are not responsible.
11.2. Even if we offer these technologies together with other measures for the protection of confidential information and we ensure the proper security, we cannot guarantee that the information sent through the Internet is secured, or that these transmissions shall not be delayed, interrupted, intercepted or shall not present any errors, for reasons not related to Edenred. In this respect, Edenred cannot guarantee that the use of the Edenred Platform by the User shall be confidential. Any information that the User discloses in the Edenred Platform may not be safe during its transmission through the Internet. Third parties may intercept the transmissions that the User performs even when he / she uses the Edenred Platform. The causes that can lead to compromising information may be, without limitation: using a browser that is unsafe or obsolete, using an unsafe network, using a technology or a system that is disused or infected with malware, etc. The Company cannot be considered liable for the loss of confidentiality, integrity or availability of the information for reasons that are beyond its responsibilities.
13. Prevention and fight against money laundering and terrorist financing
13.1. For the Edenred Services containing/involving e-money, the statutory provisions regarding the prevention and fight against money laundering and terrorist financing are applicable.
14. Termination on the User’s initiative
14.1. Subject to any contrary specific conditions provided in the special conditions applicable to the Client / Partner Retailer, the User is entitled to terminate the agreement established with the Company based on these T&C, at any moment, without any notification and regardless of the reason. The termination can be performed by deleting the User account, following the steps indicated in the Edenred Platform. If the User deletes his/her account, then he/she will not be entitled to request the Company to recover or rebuild the account’s content.
14.2 If the User deletes his/her account then he/she will be not able to register his/her Cards to another account.
15. Changes and termination on the Company’s initiative
15.1. Suspension and termination for reasons non-attributable to the User:
15.1.1. The Company may periodically change and improve the Edenred Platform and the Edenred Services provided through the Edenred Platform. The Company may add or eliminate features or functions of the Edenred Platform. Moreover, the Company may suspend or completely interrupt the operation of the App and/or the supply of any of the Services.
15.1.2. The User shall be notified by e-mail in advance, with regard to any such amendment, suspension or permanent interruption.
15.2. Termination for reasons attributable to the User:
15.2.1. The Company shall be entitled to terminate the agreement established with the User based on these T&C, without any additional formality, if the User fails to comply with the terms and conditions of these T&C and / or of any other regulations and contractual documentation applicable to the User, including the situations provided in Clause 5.4.g).
16. Applicable law and Jurisdiction
16.1. These T&C are governed and construed in compliance with the Bulgarian laws, and any dispute or litigations between the Company and the Users with regard to them shall be solved by the competent Bulgarian state courts in Sofia, according to the law.
17. Final provisions
17.1. The Company reserves its right to update these T&C periodically (e.g. to comply with the changes occurred in terms of laws or services provided by the company, but also to comply with the new features developed by the Company). The updated versions of the T&C shall be available in the Edenred Platform. Refusal to accept the updated T&C shall entail the termination of the agreement established with the Company, and the Users shall no longer be able to use the Edenred Platform and/or the related sections affected by the change and/or the Edenred Services affected by the update.
17.2. Users may not assign their rights and obligations under these T&C (or any part hereof) without the Company’s prior and explicit written consent. The Company may, without limitation, assign to third parties the rights and obligations of these T&C.
17.3. If any terms or provisions of these T&C or of any document included or referred to in these T&C is considered, by a competent court, as being against the law, that term shall be eliminated from these T&C, and the remaining provisions of these T&C shall not be affected. Moreover, to the extent permitted by the law, the application of that provision to other persons or circumstances, other than the ones with regard to which it is deemed invalid or inapplicable, shall not be affected by its voidance. Each provision in these T&C shall be valid and applicable to the extent permitted by the law.
17.4. In case of discrepancies between these T&C and the specific terms and conditions, the latter shall prevail.
17.5. These T&C regulate the relationship between the Company and the User. Except for in the case when otherwise provided expressly, these T&C do not create any rights for third parties. None of the provisions in these T&C shall be construed as establishing a partnership, a mixed company, a principal-agent relationship or employee-employer relationship between the User and the Company. None of the parties shall have any rights, power or authority, whether express or implicit, to engage the other party in similar endeavors, as described above.
17.6. No right shall be waived and no breach shall be admitted, unless that waiver or that consent is made in writing and signed by the party about which it is claimed to have waived its right or given its consent. No consent given by any of the parties with regard to a breach and no waiver with regard to a breach by the other party, expressly or implicitly, shall represent the consent with regard to, the waiver of, or acknowledgement of any breach or of any subsequent breach.
18. Express acceptance of T&C clauses
18.1. By accepting the terms and conditions of these T&C, the User expressly declares that he/she has read, understood and fully and unconditionally accepted the content hereof, including and without limitation to the provisions above of: Clause 5.4.g), Clause 5.4.h), Clause 10), Clause 15, Clause 17.1.
19.1. For all aspects related to the operation of the Edenred Platform, the Company can be contacted by phone at +359 2 974 02 20 on business days between 10:00 AM and 06:00 PM, in writing at the following e-mail address email@example.com , as well as, if applicable, in the dedicated contact section on the Edenred website.
19.2. Any correspondence via e-mail shall be considered valid and meeting all requirements of the written form of correspondence exchange, except for in the cases where these T&C state otherwise (for example, but not exhaustively, Clause 17.6 above). For the purposes of these T&C an e-mail message shall be deemed received by the receiving party at the moment of its dispatch by the party sending it, unless proven otherwise.
19.3. The Company may send general communications regarding the operation of the Edenred Platform and/or the Edenred Services, through the communication channels from the Edenred Platform or by email, at the address associated to the User account.